There is certainly a lot of commotion about the first ever US Supreme Court hearing involving genetically engineered crops, which is being held today. The case is Monsanto Company v. Geertson Seed Farms, (SCOTUS Wiki) and depending on how this turns out, it could mean the end of genetically engineered alfalfa forever or the eventual destruction of all organic dairies, right? Well, no. So what is the court case about?
The court case is not actually about GE alfalfa, although this legal battle began with alfalfa. In 2006, several groups joined together led by the Center for Food Safety to sue the Secretary of Agriculture over the deregulation of roundup-ready alfalfa produced by Monsanto. The USDA had conducted an Environmental Assessment according to its GE crop approval policies and concluded that there were no big issues that they needed to investigate further. If they had found any in the assessment they would have moved on to the much more involved Environmental Impact Statement (EIS).
The court case over GE alfalfa was decided in 2007, with US District Court Judge Charles R. Breyer saying that the USDA should have done the full EIS, and placed an injunction on future plantings of GE alfalfa until such an EIS is conducted by the USDA. Farmers already growing the alfalfa could continue to grow it.
Since then, the case was appealed a couple times by Monsanto, leading up to the Supreme Court. The case is not about the specifics of alfalfa cross-pollination, organic farms, or export markets – it is actually just about the specific details of what is required to grant an injunction under the National Environmental Policy Act (NEPA). At one point, an evidentiary hearing was part of the short list of issues, but that has been dropped and this is what we have left:
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Supreme Court decides on Alfalfa case
In what (for me) seemed like no time at all, the Supreme Court of the United States (SCOTUS) has issued its ruling on the Roundup Ready Alfalfa case. In a landslide 7:1 ruling (with one recusing), the high court has lifted the nationwide ban on planting genetically engineered herbicide-tolerant alfalfa. What does this mean for GE alfalfa and sugar beet plantings that have been affected by the courts?
Although the social media chatter over the case was mostly characterizing it as crucial to win to “stop” GE alfalfa, it was really more about what the proper course of action is for the GE regulatory process, and whether a court can issue an injunction against planting GE crops while the environmental impact statement (EIS) is being drafted, without having to provide evidence of harm. For more background information, read my previous post about the case. In essence, the court was considering whether the lower court was right in “remanding” the GE alfalfa back to the USDA to determine whether it was ok to plant, while also issuing an injunction preventing them from saying it was ok to plant until the EIS is complete.
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