This path-breaking article was first published by GR in June 2010 On June 21, [2010]the US Supreme Court released its long awaited decision on the first case involving genetically modified crops, allowing the USDA to impose a partial deregulation, should it so choose. This would permit the sale of Monsanto’s Roundup Ready alfalfa (RRA). However, in its 7-1 ruling, the court also upheld the lower decision to ban complete deregulation. The US Supreme Court found that the “District Court abused its discretion when banning a partial deregulation and in prohibiting the planting of RRA pending completion of a detailed environmental review,” known as an Environmental Impact Statement (EIS). The decision flies in the face of the facts in this case, and subjects us to further contamination of our food supply. Monsanto expressed glee: “We have Roundup Ready alfalfa seed ready to deliver and await USDA guidance on its release. Our goal is to have everything in place for growers to plant in fall 2010.” Adversarial party Center for Food Safety also expressed delight in the decision, calling it a “Victory for Center for Food Safety, Farmers.” In its release, CFS asserts: “The Justices’ decision today means that the selling and planting of Roundup Ready Alfalfa is illegal. The ban on the crop will remain in place until a full and adequate EIS is prepared by USDA and they officially deregulate the crop. This is a year or more away according to the agency, and even then, a deregulation move may be subject to further litigation if the agency’s analysis is not adequate.” CFS is happy because, as the Court pointed out, “we do know that the vacatur of APHIS’s deregulation decision means that virtually no RRA can be grown or sold until such time as a new deregulation decision is in place, and we also know that any party aggrieved by a hypothetical future deregulation decision will have ample opportunity to challenge it, and to seek appropriate preliminary relief, if and when such a decision is made.” While CFS may be happy to fight this case again, food freedom suffered a blow by this decision.
Posted on: Fri, 07 Mar 2014 10:43:49 +0000
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