Monsanto Co. and farmers who grow genetically modified (GM) alfalfa have reportedly filed a petition seeking U.S. Supreme Court review of a Ninth Circuit Court of Appeals decision barring them from selling or using Roundup Ready® alfalfa seed until the U.S. Department of Agriculture (USDA) completes an environmental impact statement (EIS). Monsanto v. Geertson Seed Farms, No. 09-475 (U.S., petition for writ of certiorari filed October 22, 2009). The petitioners apparently argue that the lower court ruling “threatens to make blanket injunctions all but automatic in [National Environmental Policy Act] cases arising in that circuit.” Additional details about the litigation appear in issues 274 and 309 of this Update. Environmental groups, farmers and consumers filed the litigation against the USDA in 2006 challenging its decision to approve the Monsanto seed. The Ninth Circuit determined that the agency erred by not completing an EIS, given evidence that GM crops could contaminate…
Category Archives U.S. Supreme Court
The U.S. Supreme Court has decided not to hear a putative class action lawsuit involving claims that Tri-Union Seafoods LLC fails to warn consumers about mercury concentrations in its canned tuna fish products. Tri-Union Seafoods, L.L.C. v. Fellner, No. 08-889 (U.S., cert. denied April 20, 2009). The plaintiff filed her claims in 2006, alleging that she developed severe mercury poisoning after eating Chicken of the Sea® canned albacore tuna almost exclusively for five years. The district court dismissed the case on federal preemption grounds, but the Third Circuit Court of Appeals reinstated it after finding that the Food and Drug Administration (FDA) had taken no action about alleged risks posed by mercury in fish and thus, that the lawsuit would not conflict with FDA’s “regulatory scheme.” More information about the Third Circuit’s ruling appears in issue 272 of this Update. At least one legal commentator responded to news about the rejection…
The U.S. Supreme Court has reportedly asked the solicitor general to file a brief discussing the federal preemption issues in case filed against retailers for failing to inform California consumers that the farm-raised salmon they sold was artificially colored. Albertson’s, Inc. v. Kanter, No. 07-1327 (U.S.). FDA regulations allow salmon farmers to augment the normally grayish pigment of farm-raised fish with chemicals that turn the flesh pink like that of wild salmon. Federal law also requires that the use of coloring be indicated on product labels, but does not allow individuals to enforce the law through litigation. The plaintiffs filed several lawsuits in state court alleging that the grocery stores violated federal and state food and drug labeling laws by failing to provide this information to consumers. A trial court and intermediate appellate court found that federal law preempted the claims, but the California Supreme Court ruled in plaintiffs’ favor. Further…
