"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.'"
Now *that* looks like a victory. Good going, CFS! Jon Tony Del Plato wrote: > 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 > > This e-mail message is for the sole use of the intended recipient(s) and may > contain confidential and privileged information. Any unauthorized review, > use, disclosure, or distribution is prohibited by law. If you are not the > intended recipient, please contact the sender by reply e-mail and destroy > all copies of the original message. > > > > _______________________________________________ > Geactivists mailing list > [EMAIL PROTECTED] > http://geaction.org/mailman/listinfo/geactivists_geaction.org > > > _______________________________________________ RSS, archives, subscription & listserv information for: [email protected] http://lists.mutualaid.org/mailman/listinfo/sustainabletompkins free hosting by http://www.mutualaid.org
