U.S. Supreme Court Review Sought in GM Alfalfa Case
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 conventional crops and lead to the creation of weeds resistant to the Roundup® herbicide. According to a news source, the USDA did not join Monsanto in filing its final, unsuccessful petition for rehearing before the Ninth Circuit and has not joined the petition for certiorari. A Monsanto spokesperson was quoted as saying, “there is no evidence of any harm resulting from Roundup Ready alfalfa, and the trial court failed to consider relevant scientific evidence in reaching its decision to ban planting.” See Greenwire, October 29, 2009.
