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From: GMWatch <[log in to unmask]>
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Sent: Sat, Aug 14, 2010 3:50 pm
Subject: GMW: Judge's ruling uproots use of GM beets
1.VICTORY! FEDERAL COURT RESCINDS USDA APPROVAL OF GENETICALLY ENGINEERED SUGAR
BEETS
2.Judge's ruling uproots use of biotechnology beets
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1.VICTORY! FEDERAL COURT RESCINDS USDA APPROVAL OF GENETICALLY ENGINEERED SUGAR
BEETS
ORDER BANS PLANTING OR SALE OF CONTROVERSIAL CROP. COURT DENIES MONSANTO REQUEST
TO ALLOW CONTINUED PLANTING
Today Judge Jeffrey White, federal district judge for the Northern District of
California, issued a ruling granting the request of plaintiffs Center for Food
Safety, Organic Seed Alliance, High Mowing Organic Seeds, and the Sierra Club to
rescind the United States Department of Agriculture's (USDA’s) approval of
genetically engineered "Roundup Ready" sugar beets (Center for Food Safety v.
Vilsack, No. C08-00484 JSW [N.D. Cal. 2010]). In September 2009, the Court had
found that the USDA had violated the National Environmental Policy Act (NEPA) by
approving the Monsanto-engineered biotech crop without first preparing an
Environmental Impact Statement. The crop was engineered to resist the effects of
Monsanto's Roundup herbicide, which it sells to farmers together with the
patented seed. Similar Roundup Ready crops have led to increased use of
herbicides, proliferation of herbicide resistant weeds, and contamination of
conventional and organic crops.
In today's ruling the Court officially "vacated" the USDA "deregulation" of
Monsanto's biotech sugar beets and prohibited any future planting and sale
pending the agency’s compliance with NEPA and all other relevant laws. USDA has
estimated that an EIS may be ready by 2012.
Andrew Kimbrell, Executive Director of plaintiff and co-counsel the Center for
Food Safety, stated, "This is a major victory for farmers, consumers and the
rule of law. USDA has once again acted illegally and had its approval of a
biotech crop rescinded. Hopefully the agency will learn that their mandate is to
protect farmers, consumers and the environment and not the bottom line of
corporations such as Monsanto."
Paul Achitoff of Earthjustice, lead counsel for the plaintiffs, commented: "Time
and again, USDA has ignored the law and abdicated its duty to protect the
environment and American agriculture from genetically engineered crops designed
to sell toxic chemicals. Time and again, citizens speaking truth to power have
taken USDA to court and won."
In his order, Judge White noted that USDA's "errors are not minor or
insignificant," and his "concern that Defendants are not taking this process
seriously." He also pointed out that "despite the fact that the statutes at
issue are designed to protect the environment," USDA and the sugar beet industry
focused on the economic consequences to themselves, yet "failed to demonstrate
that serious economic harm would be incurred pending a full economic review...."
The Court held in part:
…the Court GRANTS Plaintiffs' request to vacate APHIS's decision to deregulate
genetically engineered sugar beets and remands this matter to APHIS. Based on
this vacatur, genetically engineered sugar beets are once again regulated
articles pursuant to the Plant Protection Act. This vacatur applies to all
future plantings…
This is the second time a Court has rescinded USDA's approval of a biotech crop.
The first such crop, Roundup Ready alfalfa, is also illegal to plant, based on
the vacating of its deregulation in 2007 pending preparation of an EIS. Although
Monsanto took that case all the way to the Supreme Court and the High Court set
aside part of the relief granted, the full prohibition on its planting - based
on the same remedy granted here, the vacatur - remains in place. In the past
several years federal courts have also held illegal USDA's approval of biotech
crop field trials, including the testing of biotech grasses in Oregon and the
testing of engineered, pharmaceutical-producing crops in Hawai'i.
We could not have won this important case without you! Stay tuned to the website
for updates, and thank you for all your support!
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2.Judge's ruling uproots use of biotechnology beets
MICHAEL LIEDTKE
Associated Press, 14 August 2010
http://www.google.com/hostednews/ap/article/ALeqM5ggF-I0WscO7Ejo_-2GgVKjVFe7XQD9HJFJ8O0
SAN FRANCISCO - A federal judge has revoked the government's approval of
genetically altered sugar beets until regulators complete a more thorough review
of how the scientifically engineered crops affect other food.
The ruling by U.S. District Judge Jeffrey S. White Friday means sugar beet
growers won't be able to use the modified seeds after harvesting the
biotechnology beets already planted on more than 1 million acres spanning 10
states from Michigan to Oregon. All the seed comes from Oregon's Willamette
Valley.
Additional planting won't be allowed until the U.S. Department of Agriculture
submits an environmental impact statement. That sort of extensive examination
can take two or three years.
White declined a request to issue an injunction that would have imposed a
permanent ban on the biotech beets, which Monsanto Co. developed to resist its
popular weed killer, Roundup Ready. Farmers have embraced the technology as a
way to lower their costs on labor, fuel and equipment.
The Center for Food Safety, Organic Seed Alliance and Sierra Club have been
trying to uproot the biotech beets since filing a 2008 lawsuit.
Andrew Kimbrell, the Center for Food Safety's executive director, hailed
Friday's decision as a major victory in the fight against genetically engineered
crops and chided the Agriculture Department for approving the genetically
engineered seeds without a full environmental review.
"Hopefully, the agency will learn that their mandate is to protect farmers,
consumers and the environment and not the bottom line of corporations such as
Monsanto," Kimbrell said in a statement.
Attempts to reach the Agriculture Department for comment Saturday were
unsuccessful. Monsanto, based in St. Louis, referred requests for comment to the
America Sugarbeet Growers Association, which pointed to a Saturday statement
from the Sugar Industry Biotech Council.
In the statement, the sugar beet council said it intends to help the Agriculture
Department come up with "interim measures" that would allow continued production
of the genetically altered seeds while regulators conduct their environmental
review.
If a temporary solution isn't found, the planting restrictions are likely to
cause major headaches for sugar beet growers and food processors.
The genetically altered sugar beets provide about one-half of the U.S. sugar
supply and some farmers have warned there aren't enough conventional seeds and
herbicide to fill the void. The scientific seeds account for about 95 percent of
the current sugar beet crop in the U.S.
"The value of sugar beet crops is critically important to rural communities and
their economies," the Sugar Industry Biotech Council said Saturday.
White expressed little sympathy for any disruption his decision might cause. He
noted in his 10-page ruling that regulators had time to prepare for the
disruption because he had already overturned the deregulation of the genetically
altered beets in a decision issued last September.
The Agriculture Department "has already had more than sufficient time to take
interim measures, but failed to act expediently," White wrote.
Organic farmers, food safety advocates and conservation groups contend
genetically altered crops such as the sugar beets could share their genes with
conventionally grown food, such as chard and table beets.
Those arguments helped persuade another federal judge in San Francisco to stop
the planting of genetically altered alfalfa seeds in 2007 pending a full
environmental review that still hasn't been completed.
Monsanto took that case all the way to the U.S. Supreme Court, which in June
overturned an injunction against the company's sale of the modified seeds.
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