USDA Completes Draft Assessment of GE Sugar Beets
The Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture (USDA) has published a notice inviting public comment on its draft environmental assessment for genetically engineered (GE) sugar beets. Comments must be submitted by December 6, 2010.
APHIS conducted the assessment in response to a request that it partially
deregulate GE sugar beets “to authorize the continued cultivation of the GE
sugar beets subject to carefully tailored interim measures proposed by APHIS.”
A federal court in California determined in August that APHIS had violated
federal environmental laws by approving the crop’s deregulation without the
preparation of an appropriate environmental assessment. More information
about the court’s decision appears in Issue 361 of this Update. When USDA
then began issuing permits to sugar beet seed producers to allow GE sugar
beets to be planted in fall 2010, environmental groups and farmers challenged
the action, and the court found that they were likely to succeed on
the merits of their challenge. Further briefing was ordered to determine what
remedy would be appropriate in light of the agency’s apparent continuing
violation of environmental laws.
According to a news source, the agency’s latest action will essentially “nullify”
the court’s August ruling that invalidated the original approval issued five
years ago. APHIS has outlined three alternative approaches but favors
authorizing production of the GE sugar beets in 2011 subject to conditions
designed to “prevent any potential plant pest risks.” APHIS contends that
these conditions address the court’s concerns. Counsel for the Center for Food
Safety, which brought the action challenging the crop’s deregulation, has
reportedly indicated that if USDA issues any new permits for GE sugar beet
planting in 2011, the group is prepared to take the agency back to court. See
APHIS News Release and The Wall Street Journal, November 2, 2010; Federal
Register, November 4, 2010.
