US Appellate Court Confirms That Monsanto’s Roundup-Ready Alfalfa Must Undergo Environmental Review
In a split decision, the US Court of Appeals for the Ninth Circuit (Court) has upheld a lower court ruling that Monsanto Inc (Monsanto) should be blocked from selling its herbicide-resistant alfalfa seed until federal regulators have completed a full environmental assessment.
The plaintiff is a coalition of farmers, consumers and environmentalists that commenced action in 2006, alleging that further studies should be done because the genetically modified seed could contaminate organic and conventionally grown alfalfa simply by pollination and wind distribution. The District Court allowed the harvesting of a limited amount of product planted in 2007 but barred further planting and harvesting until an environmental study by the Department of Agriculture is completed.
According to a spokesperson for one of the plaintiffs, the Center for Food Safety, this is the first time that an appellate court has held that biological contamination from a genetically engineered crop constitutes irreparable harm. Both Monsanto and the US Government had argued that the injunction issued by the District Court was too broad and that it should have allowed for other containment measures such as buffer zones between fields. The majority of the Court, however, noted that contamination had already occurred while contractual obligations were in effect similar to the limiting proposals by Monsanto and the government.
For the full reasons for judgment dated September 2, 2008 in Geerston Seed Farms et al v Secretary of Agriculture et al (07-16458), see:
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Summary by: The Editor
