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Approved-By:  Jim Diamond <[log in to unmask]>
Message-ID:  <002d01cbe5b4$bbeaeac0$33c0c040$@net>
Date:         Fri, 18 Mar 2011 14:37:47 -0700
Reply-To:     Biotech Forum <[log in to unmask]>
Sender:       Biotech Forum <[log in to unmask]>
From:         Jim Diamond <[log in to unmask]>
Subject: our GE alfalfa lawsuit
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Farmers and Consumer Groups File Lawsuit Challenging Genetically Engineered
Alfalfa Approval
March 18, 2011 - 
"Roundup Ready" Alfalfa Will Increase Pesticide Use and Cause Grave Harm to
Environment and Organic Industry
USDA Failures Guarantee Transgenic Contamination, Creation of More
Superweeds
 Today, attorneys for the Center for Food Safety (CFS) and Earthjustice
filed a lawsuit
<http://www.centerforfoodsafety.org/wp-content/uploads/2011/03/1-Complaint.p
df>  against the U.S. Department of Agriculture (USDA), arguing that the
agency's recent unrestricted approval of genetically engineered (GE),
"Roundup Ready" Alfalfa was unlawful.  The GE crop is engineered to be
immune to the herbicide glyphosate, which Monsanto markets as Roundup.  USDA
data show that 93% of all the alfalfa planted by farmers in the U.S. is
grown without the use of any herbicides.  With the full deregulation of GE
alfalfa, USDA estimates that up to 23 million more pounds of toxic
herbicides will be released into the environment each year.
"USDA has once again failed to provide adequate oversight of a biotech
crop," said Andrew Kimbrell, Executive Director of the Center for Food
Safety. "This reckless approval flies in the face of overwhelming evidence
that GE alfalfa threatens the rights of farmers and consumers, as well as
significant harm to the environment.  APHIS has refused to apply and enforce
the law and instead has chosen to bow to the wishes of the biotech
industry."
This is the second case challenging the legality of USDA's handling of GE
alfalfa.  In 2007, in another case brought by CFS, a federal court ruled
that the USDA's approval of the engineered crop violated environmental laws
by failing to analyze risks such as the contamination of conventional and
organic alfalfa, the evolution of glyphosate-resistant weeds, and increased
use of Roundup.  The case resulted in USDA undertaking a court-ordered
four-year study of GE alfalfa's impacts under the National Environmental
Policy Act (NEPA).  Remarkably, it marked the first time USDA had ever
undertaken such a study, known as an Environmental Impact Statement (EIS),
in over 15 years of approving GE crops for commercial production.  While
USDA worked on the EIS, GE alfalfa remained unlawful to plant or sell, a ban
that remained in place despite Monsanto appealing the case all the way to
the U.S. Supreme Court.
Earthjustice attorney Paul Achitoff commented: "We expect Monsanto to
force-feed people genetically engineered crops-that's its business model.
We hoped for better from the USDA, which has much broader responsibilities.
GE alfalfa will greatly increase use of toxic chemicals from coast to coast,
threatens the organic dairy industry, and will have farmers going back to
Monsanto every year to buy its patented seed and Roundup."
The plaintiffs include a diverse coalition of conventional and organic
farmers, dairies and agricultural associations, and environmental and
consumer groups: CFS, Beyond Pesticides, Cornucopia Institute, California
Farmers Union, Dakota Resources Council, Geertson Seed Farms, National
Family Farm Coalition, Northeast Organic Dairy Producers Alliance, Sierra
Club, Trask Family Seeds and Western Organization of Resource Councils. 
"We in the farm sector are dissatisfied but not surprised at the lack of
courage from USDA to prohibit Roundup Ready alfalfa and defend family
farmers," said plaintiff farmer Pat Trask.
Known as the "queen of forages," alfalfa is the key feedstock for the dairy
industry.  Organic dairies stand to lose their source of organic feed, a
requirement for organic dairy, including milk and yogurt products.  The
organic sector is the most vibrant part of U.S. agriculture, now a 26
billion dollar a year industry and growing 20% annually.
"Approving the unrestricted planting of GE alfalfa is a blatant case of the
USDA serving one form of agriculture at the expense of all others," says
plaintiff Ed Maltby, Executive Director of the Northeast Alliance of Organic
Dairy Producers.  "If this decision is not remedied, the result will be lost
livelihoods for organic dairy farmers, loss of choice for farmers and
consumers, and no transparency about GE contamination of our foods."
Because alfalfa is pollinated by bees that can fly and cross-pollinate
between fields and feral sources many miles apart, the engineered crop will
contaminate natural alfalfa varieties.  Roundup Ready alfalfa is the first
engineered perennial crop, meaning it remains in the ground for 3-6 years
and is widely prevalent in wild or feral form throughout America, further
increasing the likelihood and extent of transgenic contamination. 
"USDA's review is inaccurate and completely failed to consider critical
issues.  The decision to deregulate Roundup Ready alfalfa opens the door to
widespread transgenic contamination, costing farmers their markets,
reputation and ability to grow natural varieties," said plaintiff farmer
Phil Geertson.
"We are an organic, grass-fed beef operation relying on alfalfa in pasture
mix and for winter feed.  GE alfalfa means contamination of all alfalfa
seeds within a few years.  Our options include giving up organic production
at great revenue loss or finding another forage at great cost increase,"
says organic beef producer Jim Munsch from Wisconsin. 
Approval of Roundup Ready alfalfa will spur the glyphosate-resistant
epidemic that is already regarded as one of the most serious challenges
facing U.S. agriculture.  Weeds evolve resistance to glyphosate just as
bacteria evolve immunity to overused antibiotics.  While other Roundup Ready
crops spawned the epidemic, Roundup Ready alfalfa will exacerbate it by
increasing the frequency and intensity of glyphosate use on millions of
acres of cropland.  Farmers respond to resistant weeds by applying more and
more herbicides, soil-eroding tillage operations, and even hand-weeding on
hundreds of thousands of acres.  Such "superweeds" have expanded four-fold
to infest over 10 million acres since just 2008, with some projecting 38
million acres by 2013.  Alfalfa, the fourth most prevalent crop in the U.S.,
is grown on over 20 million acres, spanning every state.
"Alfalfa grows in dense stands that naturally suppress weeds, and so has
traditionally been the one crop in farmers' rotations that provides a
much-needed break from the onslaught of toxic herbicides.  Roundup Ready
alfalfa will only foster still more resistant weeds, and thereby increase
the pesticide dependence of U.S. agriculture beyond already unsustainable
levels," said Bill Freese, CFS Science Policy Analyst.
The latest USDA data show that less than 10 percent of alfalfa acres are
sprayed with any herbicide, and consequently, GE alfalfa will dramatically
increase the use of such chemicals across the country, with all of their
attendant hazards to wildlife, plants, groundwater, and people.
***


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<TITLE>our GE alfalfa lawsuit </TITLE>
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<P DIR=3DLTR><B><SPAN LANG=3D"en-us"><FONT SIZE=3D5>Farmers and Consum=
er Groups File Lawsuit Challenging Genetically Engineered Alfalfa Appr=
oval</FONT></SPAN></B></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us"></SPAN><SPAN LANG=3D"en-us"><FONT FA=
CE=3D"Times New Roman">March 18, 2011</FONT></SPAN><SPAN LANG=3D"en-us=
"> &#8211; </SPAN></P>

<P DIR=3DLTR ALIGN=3DCENTER><SPAN LANG=3D"en-us"><B>&#8220;Roundup Rea=
dy&#8221; Alfalfa Will Increase Pesticide Use and Cause Grave Harm to=
 Environment and Organic Industry</B><B><BR>
</B><I>USDA Failures Guarantee Transgenic Contamination, Creation of=
 More Superweeds</I></SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">&nbsp;Today, attorneys for the Cente=
r for Food Safety (CFS) and Earthjustice </SPAN><A HREF=3D"http://www.=
centerforfoodsafety.org/wp-content/uploads/2011/03/1-Complaint.pdf"><S=
PAN LANG=3D"en-us"><U><FONT COLOR=3D"#0000FF">filed a lawsuit</FONT></=
U></SPAN><SPAN LANG=3D"en-us"></SPAN></A><SPAN LANG=3D"en-us"> against=
 the U.S. Department of Agriculture (USDA), arguing that the agency&#8=
217;s recent unrestricted approval of genetically engineered (GE), &#8=
220;Roundup Ready&#8221; Alfalfa was unlawful.&nbsp; The GE crop is en=
gineered to be immune to the herbicide glyphosate, which Monsanto mark=
ets as Roundup.&nbsp; USDA data show that 93% of all the alfalfa plant=
ed by farmers in the U.S. is grown without the use of any herbicides.&=
nbsp; With the full deregulation of GE alfalfa, USDA estimates that up=
 to 23 million more pounds of toxic herbicides will be released into=
 the environment each year.</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">&#8220;USDA has once again failed to=
 provide adequate oversight of a biotech crop,&#8221; said Andrew Kimb=
rell, Executive Director of the Center for Food Safety. &#8220;This re=
ckless approval flies in the face of overwhelming evidence that GE alf=
alfa threatens the rights of farmers and consumers, as well as signifi=
cant harm to the environment.&nbsp; APHIS has refused to apply and enf=
orce the law and instead has chosen to bow to the wishes of the biotec=
h industry.&#8221;</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">This is the second case challenging=
 the legality of USDA&#8217;s handling of GE alfalfa.&nbsp; In 2007,=
 in another case brought by CFS, a federal court ruled that the USDA&#=
8217;s approval of the engineered crop violated environmental laws by=
 failing to analyze risks such as the contamination of conventional an=
d organic alfalfa, the evolution of glyphosate-resistant weeds, and in=
creased use of Roundup.&nbsp; The case resulted in USDA undertaking a=
 court-ordered four-year study of GE alfalfa&#8217;s impacts under the=
 National Environmental Policy Act (NEPA).&nbsp; Remarkably, it marked=
 the first time USDA had ever undertaken such a study, known as an Env=
ironmental Impact Statement (EIS), in over 15 years of approving GE cr=
ops for commercial production.&nbsp; While USDA worked on the EIS, GE=
 alfalfa remained unlawful to plant or sell, a ban that remained in pl=
ace despite Monsanto appealing the case all the way to the U.S. Suprem=
e Court.</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">Earthjustice attorney Paul Achitoff=
 commented: &#8220;We expect Monsanto to force-feed people genetically=
 engineered crops&#8212;that&#8217;s its business model.&nbsp; We hope=
d for better from the USDA, which has much broader responsibilities.&n=
bsp; GE alfalfa will greatly increase use of toxic chemicals from coas=
t to coast, threatens the organic dairy industry, and will have farmer=
s going back to Monsanto every year to buy its patented seed and Round=
up.&#8221;</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">The plaintiffs include a diverse coa=
lition of conventional and organic farmers, dairies and agricultural=
 associations, and environmental and consumer groups: CFS, Beyond Pest=
icides, Cornucopia Institute, California Farmers Union, Dakota Resourc=
es Council, Geertson Seed Farms, National Family Farm Coalition, North=
east Organic Dairy Producers Alliance, Sierra Club, Trask Family Seeds=
 and Western Organization of Resource Councils.&nbsp;</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">&#8220;We in the farm sector are dis=
satisfied but not surprised at the lack of courage from USDA to prohib=
it Roundup Ready alfalfa and defend family farmers,&#8221; said plaint=
iff farmer Pat Trask.</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">Known as the &#8220;queen of forages=
,&#8221; alfalfa is the key feedstock for the dairy industry.&nbsp; Or=
ganic dairies stand to lose their source of organic feed, a requiremen=
t for organic dairy, including milk and yogurt products.&nbsp; The org=
anic sector is the most vibrant part of U.S. agriculture, now a 26 bil=
lion dollar a year industry and growing 20% annually.</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">&#8220;Approving the unrestricted pl=
anting of GE alfalfa is a blatant case of the USDA serving one form of=
 agriculture at the expense of all others,&#8221; says plaintiff Ed Ma=
ltby, Executive Director of the Northeast Alliance of Organic Dairy Pr=
oducers.&nbsp; &#8220;If this decision is not remedied, the result wil=
l be lost livelihoods for organic dairy farmers, loss of choice for fa=
rmers and consumers, and no transparency about GE contamination of our=
 foods.&#8221;</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">Because alfalfa is pollinated by bee=
s that can fly and cross-pollinate between fields and feral sources ma=
ny miles apart, the engineered crop will contaminate natural alfalfa=
 varieties.&nbsp; Roundup Ready alfalfa is the first engineered perenn=
ial crop, meaning it remains in the ground for 3-6 years and is widely=
 prevalent in wild or feral form throughout America, further increasin=
g the likelihood and extent of transgenic contamination.&nbsp;</SPAN><=
/P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">&#8220;USDA&#8217;s review is inaccu=
rate and completely failed to consider critical issues.&nbsp; The deci=
sion to deregulate Roundup Ready alfalfa opens the door to widespread=
 transgenic contamination, costing farmers their markets, reputation=
 and ability to grow natural varieties,&#8221; said plaintiff farmer=
 Phil Geertson.</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">&#8220;We are an organic, grass-fed=
 beef operation relying on alfalfa in pasture mix and for winter feed.=
&nbsp; GE alfalfa means contamination of all alfalfa seeds within a fe=
w years.&nbsp; Our options include giving up organic production at gre=
at revenue loss or finding another forage at great cost increase,&#822=
1; says organic beef producer Jim Munsch from Wisconsin.&nbsp;</SPAN><=
/P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">Approval of Roundup Ready alfalfa wi=
ll spur the glyphosate-resistant epidemic that is already regarded as=
 one of the most serious challenges facing U.S. agriculture.&nbsp; Wee=
ds evolve resistance to glyphosate just as bacteria evolve immunity to=
 overused antibiotics.&nbsp; While other Roundup Ready crops spawned=
 the epidemic, Roundup Ready alfalfa will exacerbate it by increasing=
 the frequency and intensity of glyphosate use on millions of acres of=
 cropland. &nbsp;Farmers respond to resistant weeds by applying more=
 and more herbicides, soil-eroding tillage operations, and even hand-w=
eeding on hundreds of thousands of acres. &nbsp;Such &#8220;superweeds=
&#8221; have expanded four-fold to infest over 10 million acres since=
 just 2008, with some projecting 38 million acres by 2013. &nbsp;Alfal=
fa, the fourth most prevalent crop in the U.S., is grown on over 20 mi=
llion acres, spanning every state.</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">&#8220;Alfalfa grows in dense stands=
 that naturally suppress weeds, and so has traditionally been the one=
 crop in farmers&#8217; rotations that provides a much-needed break fr=
om the onslaught of toxic herbicides.&nbsp; Roundup Ready alfalfa will=
 only foster still more resistant weeds, and thereby increase the pest=
icide dependence of U.S. agriculture beyond already unsustainable leve=
ls,&#8221; said Bill Freese, CFS Science Policy Analyst.</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">The latest USDA data show that less=
 than 10 percent of alfalfa acres are sprayed with any herbicide, and=
 consequently, GE alfalfa will dramatically increase the use of such=
 chemicals across the country, with all of their attendant hazards to=
 wildlife, plants, groundwater, and people.</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us">***</SPAN></P>

<P DIR=3DLTR><SPAN LANG=3D"en-us"></SPAN><SPAN LANG=3D"en-us"></SPAN><=
/P>

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