TCSustainers:
Though "Big" (and other expansive terms) are used in this recent decision on
ge alfalfa, it may very well set a precedent for protecting organic farmers,
consumers & the environment. It will be interesting to see how this plays
out in the not too distant future and get the USDA/FDA/EPA to do its job
better.
Tony Del Plato
*Contact: *Will Rostov, Center for Food Safety, 415-826-2770
(415) 307-2154 (cell)
John Bianchi, Goodman Media, 212-576-2700
*FEDERAL JUDGE ORDERS FIRST-EVER HALT TO PLANTING OF A COMMERCIALIZED
GENETICALLY-ALTERED CROP*
*Judge Breyer Orders Complete Environmental Review of*
*Monsanto's Gene-Altered Alfalfa ***
*San Francisco, CA, May 3, 2007 -* A Federal judge today made a final ruling
that the U.S. Department of Agriculture's (USDA's) 2005 approval of
Monsanto's genetically engineered (GE) "Roundup Ready" alfalfa was illegal.
The Judge called on USDA to ban any further planting of the GE seed until it
conducts a complete Environmental Impact Statement (EIS) on the GE crop.
In the decision, Judge Charles Breyer in the Federal Northern District of
California affirmed his preliminary ruling, which echoed the Center for Food
Safety's arguments in their lawsuit against USDA, that the crop could harm
the environment and contaminate natural alfalfa. Today's ruling also
requires Forage Genetics to provide the locations of all existing Roundup
Ready alfalfa plots to USDA within 30 days. The Judge ordered USDA to make
the location of these plots "publicly available as soon as practicable" so
that growers of organic and conventional alfalfa "can test their own crops
to determine if there has been contamination."
"This permanent halt to the planting of this risky crop is a great victory
for the environment," said Will Rostov, a Senior Attorney for CFS. "Roundup
Ready alfalfa poses threats to farmers, to our export markets, and to the
environment. We expect the USDA to abide by the law and insure that American
farmers are protected from genetic contamination."
Today's decision is consistent with Judge Breyer's ruling of February 13th,
in which Judge Breyer found that the USDA failed to address concerns that
Roundup Ready alfalfa will contaminate conventional and organic alfalfa. In
calling today for a permanent injunction, Judge Breyer noted that
contamination of natural and organic alfalfa by the GE variety has already
occurred, and noted that "Such contamination is irreparable environmental
harm. The contamination cannot be undone."
"This ruling is good news for organic farmers and most conventional farmers
across the country," said Andrew Kimbrell, Executive Director of the Center.
"This crop represents a very real threat to their crops and their
livelihood. This ruling is a turning point in the regulation of biotech
crops in this country," Kimbrell concluded.
The permanent injunction ordered today by Judge Breyer follows his ruling
last month finding that USDA violated national environmental laws by
approving GE alfalfa without a full Environmental Impact Statement.
Monsanto and Forage Genetics, the developers of the GE alfalfa seed, failed
to convince the Judge that their interests outweighed the public interest in
food safety, freedom to farm natural crops, and environmental protection. In
fact, Judge Breyer specifically noted that Monsanto's fear of lost sales *"does
not outweigh the potential irreparable damage to the environment."*
Judge Breyer found that USDA failed to address the problem of
Roundup-resistant "superweeds" that could follow commercial planting of GE
alfalfa. Commenting on the agency's refusal to assess this risk, the judge
stated, "Finally, the court rejects defendants' assertion that allowing an
expansion in the Roundup Ready alfalfa market is in the public interest
because it promotes the use of less toxic herbicides. The record reflects
that organic and most conventional forage alfalfa is grown without the use
of any herbicides. In any event, a finding that increasing the use of
Roundup is in the public interest is premature in light of APHIS's failure
to analyze the potential for the development of Roundup-resistant weeds."
The Center for Food Safety initiated the legal action resulting in today's
ruling in February 2006, representing itself and the following co-plaintiffs
in the suit: Western Organization of Resource Councils, National Family Farm
Coalition, Sierra Club, Beyond Pesticides, Cornucopia Institute, Dakota
Resource Council, Trask Family Seeds, and Geertson Seed Farms.
"As a consumer of organic foods, I'm relieved to know that a U.S. District
Court judge understands the regulatory role USDA plays, even though the
agency itself seems to have forgotten," said Dean Hulse, an organic food
consumer from Fargo and past chair of Dakota Resource Council. "Judge
Breyer's ruling forces USDA to do its job--that is, to conduct the research
necessary to determine the effects of Roundup Ready alfalfa on the
environment."
"I'm hopeful that Judge Breyer's precedent-setting ruling will induce a
rebirth of values at the USDA, in particular, and federal regulatory
agencies generally," added Hulse. "The USDA's role with respect to
regulating transgenic crops should be that of watch dog, not lap dog."
Organic alfalfa seed producer Blaine Schmaltz, Rugby ND, said the ruling
helps farmers in a time of uncertainty. "The judge's order to make public
the location of Roundup Ready alfalfa fields is a critical part of the
decision," said Schmalz. "It allows GM-free and organic producers like me
make sound planting decisions."
Pat Trask of Trask Family Seeds, a South Dakota conventional alfalfa grower
and plaintiff in the case stated: "It's a great day for God's own alfalfa."
"This ruling protects the ability of farmers producing organic meat and
milk to obtain non-GMO alfalfa seed to grow feed for their animals and
preserve the organic integrity of their products," said Jim Munsch, a
certified organic livestock producer from Coon Valley, Wisconsin who
represents The Cornucopia Institute, one the plaintiffs.
"This is precedent-setting. For the first time the courts have intervened
on a USDA ruling to ensure that proper environmental evaluation and
consideration for the livelihood of family farmers are accounted for and
balance the desires of large companies" Munsch added.
"This landmark decision curtails a genetically engineered crop that, among
other serious environmental problems, increases farmers' dependency on toxic
weed killers that hurt farmers, food consumers, and the environment," said
Jay Feldman, executive director of Beyond Pesticides.
"Today's final ruling reaffirms what Sierra Club has been saying all along:
the government needs to look before it leaps and must comprehensively
examine through an EIS how genetically engineered alfalfa could impact the
environment before approving its widespread use," said Neil Carman of the
Sierra Club's genetic engineering committee. "Conducting an EIS is plain
common sense."
"This is a huge victory for family farmers in the livestock and diary
industry," said Bill Wenzel, National Director Farmer to Farmer Campaign on
GE. "It is unfortunate that it took lengthy and expensive litigation to
achieve what should have been apparent to the bureaucrats at the USDA – that
nobody but Monsanto benefits from the commercialization of GE Alfalfa."
For more information, please visit www.centerforfoodsafety.org .
-30-
* *
Joseph Mendelson III| [EMAIL PROTECTED]
Legal Director
*
Center for Food Safety &
Int'l Center for Technology Assessment*
660 Pennsylvania Ave., SE Suite 302
Washington, DC 20003
www.centerforfoodsafety.org
(202) 547-9359 | fax (202) 547-9429
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