Tuesday, June 22, 2010
Roundup Ready Alfalfa: No Longer A Banned Biotech Product
Roundup Ready alfalfa should be available to farmers, and a satchel full of lower courts were wrong to prohibit its use. That was Monday’s decision by the US Supreme Court in a 7 to 1 decision that overturned the ban on biotech alfalfa. Lower courts had indicated the USDA did not properly test the Monsanto product, and its release violated environmental law, but the Justices disagreed and are now on record with a decision favorable to biotech crops.The biotech alfalfa case began in 2004 when Monsanto asked for USDA approval of Roundup Ready alfalfa, but the approval was opposed in 80% of the 663 comments, many contending that it would contaminate organic alfalfa. Despite the outcry, USDA approved the release of the product to the market, contending there was no need for an environmental impact statement. Iowa State University ag law specialist Roger McEowen says that is when the legal battle began, in his report on the landmark case.
At the first stop the biotech opponents contended the result would be resistant weeds, which would pose problems for producers of organic alfalfa and hurt their markets for feed for organic beef and dairy. They also complained about the tech fee that would have to be paid and wanted a nationwide ban on the product. The trial court judge not only ruled against USDA, but imposed a nationwide ban on the biotech alfalfa, and that was one of the issues that the Supreme Court said was their prerogative, not that of a trial judge. (Who happened to be the brother of Supreme Court Justice Stephen Breyer, the reason Breyer opted out of the case.)
After the initial judicial ruling, about 200,000 acres were allowed to be harvested and sold, but seed could no longer be sold after March of 2007. Equipment had to be cleaned that was used to harvest it, field locations were publicized, and the court rejected the claim that fewer chemicals would be used on the Roundup Ready alfalfa than non-genetically modified varieties. All of the restrictions were appealed to the Ninth Circuit Court of Appeals, which upheld the ban until the necessary environmental impact studies are completed. But the appeals court contended that contamination of the organic alfalfa had probably already occurred, and because of restrictions on the labeling of organic products, those farmers had been harmed because of the necessity to wait 2 to 4 more years before being able to sell a new organic crop.
In January of this year the US Supreme Court heard arguments in the case over whether there was irreparable harm, whether the trial court erred in not hearing evidence in the case, and the issue of the nationwide injunction. Among the arguments was the continuing effort by USDA to conduct an environmental impact study and whether that would render the case moot. Another issue was the fact none of the alfalfa producers opposed to the Roundup Ready variety were near where it had been sold and planted and whether they were at risk. Another issue was the viability of the impact on farmers who wanted to be able to sell pure organic alfalfa to European markets. Yet another issue was the fact the USDA had already made its ruling.
Monday the Supreme Court reversed the trial court and the Ninth Circuit Court of Appeals. It ruled that both Monsanto and the organic alfalfa farmers had justification to complain about what had happened. Additionally, the Court ruled the organic alfalfa farmers had not demonstrated that they were harmed in any way and would not have been harmed if the USDA had been allowed to issue a partial approval, which had been denied by the trial court. The Supreme Court Justices said what the trial judge did was halt any further environmental analysis of Roundup Ready alfalfa, and that did not serve anyone’s interest. They also said the trial judge acted improperly by imposing a national ban on the product.
McEowen says environmental activist groups have frequently used the National Environmental Policy Act to sue the government, but that the Supreme Court’s decision will force them to use a different tool in the future.
Summary:
After a lengthy legal battle, Roundup Ready alfalfa will soon be back on the market. The US Supreme Court ruled in favor of Monsanto and against a group of organic alfalfa farmers, contending that a 2004 ban on the product was not proper. The Court ruled that the trial judge did not have the authority to impose a national ban on the sale and planting of the seed, and the organic farmers were not seriously at risk. Additionally, the Supreme Court said the initial ruling that halted USDA’s environmental assessment of the product did not serve any interest.
Posted by Stu Ellis on 06/22 at 01:34 AM | Permalink