Monsanto, Opponents Both Claim Victory in Historic Genetically Modified Crop Case

Tuesday 22 June 2010

by: Mike Ludwig, t r u t h o u t | Report

Monsanto, Opponents Both Claim Victory in Historic Genetically Modified Crop Case
(Image: Jared Rodriguez / t r u t h o u t; Adapted: Manuel W., swanksalot)

In a landmark case on genetically modified (GM) crops, The US Supreme Court ruled 7-1 on Monday in favor of agribusiness giant Monsanto and overturned a lower court's decision to ban the company's GM alfalfa until the US Department of Agriculture (USDA) fully analyzed the crop's potential dangers.

Monsanto applauded the decision and assured farmers that the alfalfa seeds, which are engineered to be resistant to Monsanto's glyphosate-based Roundup herbicide, could be available for planting as early as this fall. Monsanto's opponents, however, claim they won the day because, under the high court's ruling, the GM alfalfa remains illegal until the USDA officially deregulates the crop, a decision that can be challenged by the public.

A coalition of organic farmers and environmentalists sued the USDA in 2006 over its approval of the Monsanto's GM alfalfa. The groups cited concerns that the alfalfa could cross-pollinate and infect organic alfalfa farms, and the overuse of Roundup herbicide could contaminate soil and groundwater while promoting the growth of Roundup-resistant "super weeds."

Monsanto and its biotech allies jumped in to support the USDA, but, in 2007, a US District Court in San Francisco ruled the USDA failed to address these concerns and placed a nationwide ban on the alfalfa seeds until the department completed a full environmental impact analysis.

Justice Clarence Thomas was an attorney for Monsanto from 1976 to 1979, but he did not recuse himself from the case. Monsanto claims the company was not involved in biotechnology or the "seed business" at the time, according to a release in response to the movie "Food, Inc."

In his minority opinion statement, sole dissenter Justice John Stevens acknowledged the lower court's findings that the alfalfa could "contaminate" other plants and argued that the court did not abuse its discretion by placing the temporary ban. Supreme Court Justice Stephen Breyer did not participate in Monsanto v. Geertson Seed Farms because his brother, US District Judge Charles Breyer, made the initial ruling to ban the alfalfa.

An appeals court upheld the ban, so Monsanto took the case to the top. The company announced in March the completion of a nearly $200 million expansion of a chemical plant in Louisiana that manufactures the Roundup Ready herbicide.

The Supreme Court's ruling overturned the lower court's injunction because it was legal "overkill," according to the Center for Food Safety (CFS), Monsanto's lead opponent in the case.

"The bottom line is that the Supreme Court set aside the injunction because the vacating of the commercialization decision already gave us all the relief we needed, by forbidding RRA [Roundup Ready Alfalfa] planting until a new decision is made by the agency," CFS senior attorney George Kimbrell said in a release. "And at such time, farmers and consumers still have the right to challenge the adequacy of that process."

"The Court's decision affirmed that the threat of genetic contamination of natural plants posed by biotech crops is an issue of significant environmental concern now and in the future," Kimbrell said.

The case has been remanded to a lower court with the instruction to allow the USDA's Animal and Plant Health Inspection Service (APHIS) to make an interim decision and decide if some GM alfalfa can be planted while the USDA completes a full environmental impact statement.

"This is exceptionally good news received in time for the next planting season. Farmers have been waiting to hear this for quite some time," said Steve Welker, Monsanto's alfalfa business lead. "We have Roundup Ready alfalfa seed ready to deliver and await USDA guidance on its release."

The USDA, however, indicated during the case that the full deregulation is about a year away and interim deregulation will not be pursued, according to the CFS.

Organic food is the fastest growing sector of the food industry, and any move to deregulate GM alfalfa will be challenged, according to the CFS. More than 60 businesses, organizations and individuals supported the CFS case against the Monsanto's alfalfa, including the attorneys general of California, Oregon and Massachusetts, who filed a brief emphasizing "the States" interest in protecting its environment and natural resources

The majority opinion, written by Justice Samuel Alito, upheld the public's right to challenge future deregulation: "In sum ... the vacatur of APHIS's deregulation decision means that virtually no RRA (Roundup Ready Alfalfa) 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."

In a brief filed in the Supreme Court supporting CFS, the Union of Concerned Scientists argued that genetically modified crops and their herbicides pose "substantial risks of harm to the human environment" because of their potential to spread unwanted genes to surrounding fields and promote herbicide resistant weeds. The brief states that both events are "likely" and the harm would be "irreversible."

Past reviews by the Food and Drug Administration and the Environmental Protection Agency found Roundup Ready alfalfa to be safe, according to Monsanto. The company claims Roundup Ready alfalfa was planted by 5,500 growers before the 2007 ban.

This work by Truthout is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.

Comments

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What amazes and depresses me

Tue, 06/22/2010 - 16:12 — Anonymous (not verified)

What amazes and depresses me at the same time is that this corporation. Monsanto, is even allowed to stay in business.

This GM should not be allowed. We don't need Frankenseeds for our food growing. We need locally grown and nurtured seeds so that local farmers and gardeners can flourish without the threat of Frankenseeds ruining the local and organic seed banks.

THIS- "The Court's decision

Tue, 06/22/2010 - 16:23 — Herbert Browne (not verified)

THIS- "The Court's decision affirmed that the threat of genetic contamination of natural plants posed by biotech crops is an issue of significant environmental concern now and in the future," Kimbrell said.."- is the breakthrough, here.

Up until now, it has simply been a USDA "rubber stamp" for Monsanto (& the other GMO seed producers). Having an acknowledgment that GM crops pose a threat to other crops- not just to "human health"- is the beginning of a realistic examination of the artificial genetic modification/ transgene insertion practices of the biotech industry. Even if it does resemble the lone individual in front of the tank in Tienamen Square, it's something that wasn't there, before. ^..^

7 to 1. Who was the one?

Tue, 06/22/2010 - 16:32 — Anonymous (not verified)

Of course the damage that is

Tue, 06/22/2010 - 17:06 — captain pneumo (not verified)

Of course the damage that is caused by this acquiescence will not be evident to us until AFTER the tests and analyses have filtered through the bureaucracy of the U.S.D.A., by which time it will be WAY too late to do anything about it. Big corporations count on this sort of delaying action; it's how this shit sneaks out into the world, like an evil Genie from a lamp who cannot be returned to it.

The Americans seem to be

Tue, 06/22/2010 - 19:43 — Anonymous (not verified)

The Americans seem to be determined to poison themselves & the rest of the planet ...

The public, it seems, would

Tue, 06/22/2010 - 19:54 — Anonymous (not verified)

The public, it seems, would prefer organic food if it were priced lower. $4.00 for a red bell pepper is never going to win the day. I am disgusted by Monsanto, but until the organic movement can mobilize and lower its prices, Monsanto will win the day every time.

Get the full story behind

Tue, 06/22/2010 - 20:33 — ELoots (not verified)

Get the full story behind this "company" by reading the following excellent book:

The World according to Monsanto
Marie-Monique Robin
ISBN: 978-1-59558-426-7

Pardon me, but why didn't

Tue, 06/22/2010 - 20:39 — Floresta (not verified)

Pardon me, but why didn't Clarence Thomas recuse himself on this case???
He was a former lawyer for Monsanto.
And futhermore, why wasn't this in the article???

It was Breyer, J "took no

Tue, 06/22/2010 - 21:03 — Anonymous (not verified)

It was Breyer, J "took no part in the consideration or decision of this case" .... from the 09-475-pdf document from the Supreme Court website,
http://www.supremecourt.gov/opinions/slipopinions.aspx

The most important question

Tue, 06/22/2010 - 21:26 — Eloots (not verified)

The most important question is: how long will farmers continue to fall into the trap of Roundup Ready crops (or any other herbicide resistant crop)?

Interesting to know is that the RR crops are getting more expensive to grow than non-RR crops.

Why? Because of weeds getting more resistant by the year; ironically, the RR-crops turn out to be pests themselves (e.g. RR-ready soybeans turning up in other crop fields): by definition Roundup is useless to kill these "weeds"...

Response of the industry (Monsanto, BAYER, Sungenta, etc.): cross-licensing each others herbicide technology to make seeds that are resistant to multiple herbicides (so-called stacking). Just to name one in particular: 2,4D (a component of Agent Orange)

In any case, this strategy of stacking will just lead to plant and weeds that are even more herbicide resistant...

Want to read up on this: consult the following report (Impacts of Genetically Engineered Crops on Pesticide Use in the United States: The First Thirteen Years):

http://www.organic-center.org/science.pest.php?action=view&report_id=159

Roundup kills weeds by

Tue, 06/22/2010 - 23:20 — Pat Williams (not verified)

Roundup kills weeds by depleting the soil of critical nutrients for their growth. That means that the foods grown in such soil also are depleted of those nutrients even though they are surviving. It doesn't seem particularly nutritious to me. The US government has been planning to give Haitian farmers Monsanto GMO seeds. There is a movement afoot in Haiti to destroy any Monsanto GMO seeds brought ashore. Just about the only strength that poor little nation has left are their traditional seeds. I've also read that Monsanto patented all the traditional seed crops of Iraq that go back centuries. I hope that they don't try to pull that on the Haitian farmers. There's no doubt that if Monsanto can, it will.

This reminds me of the movie

Wed, 06/23/2010 - 00:20 — A.G. (not verified)

This reminds me of the movie "Idiocracy" our future!
Next the will irrigating with a gator aid like substance!
Joking aside...this just furtheremphasises the influence rhat monsato and other big greedy, mindless EVIL corporations have on our courts and government(senate, congress, pres and vp)

Anything to destroy the

Wed, 06/23/2010 - 00:22 — Anonarcmous (not verified)

Anything to destroy the science--just remember when these "$trict" justices & their families are sick & dying--only 18th century care & dentistry for them!! Hope it makes them all sick with cancer.Better hope they label this stuff.

Once again we have people

Wed, 06/23/2010 - 01:50 — Alan (not verified)

Once again we have people who have no knowledge of the subject making the most important decisions. It must be very difficult to get to the position of authority where you can make those decisions. I have realised for many years that to reach such a position you must demonstrate beyond any doubt that you know absolutely everything about absolutely nothing.

The "disease" is getting worse. I guess that eventually, anyone who actually knows anything about a subject will not even be allowed to express their opinion on the matter.

Justice Stevens (who is

Wed, 06/23/2010 - 06:14 — RoughAcres (not verified)

Justice Stevens (who is retiring) was the dissenting vote; Justice Breyer recused himself, which is why only 8 of the 9 votes possible were cast.

Poorly written article indeed.

With terminator seeds and

Wed, 06/23/2010 - 08:30 — Anonymous (not verified)

With terminator seeds and GMO crops that spread like cancer, Monsanto intends to own the world's food supply. I think their fields should be burned, their executives imprisoned and their facilities permanently closed.

Roundup does not deplete the

Wed, 06/23/2010 - 08:34 — kenneth kinkade (not verified)

Roundup does not deplete the soil of nutrients. When Roundup is sprayed on plant foliage, it is absorbed and then moved — or translocated — throughout the plant’s tissues. Once inside the plant, Glyphosate (the active ingredient in Roundup) inhibits the production of an enzyme, called EPSP synthase, which in turn prevents the plant from manufacturing certain aromatic amino acids essential for plant growth and life. Glyphosate interrupts the metabolic process in plants, so its effect may not be visible for about four days in annual plants and up to seven days in perennial plants. source (http://www.pestproducts.com/roundup_herbicide.htm)

I suspect Monsanto may be

Wed, 06/23/2010 - 09:20 — Anonymous (not verified)

I suspect Monsanto may be responsible for the disease that has killed billions of honeybees. While I have no proof, bees may be the key to understanding the potential effects of genetic engineering of plants, the most important and sacred life on the planet for humans. Monsanto must be run out of town, but "consumers" need to be the ones to do it by refusing to buy any products even remotely related to Monsanto.

There is more to Monsanto's

Wed, 06/23/2010 - 10:11 — AnonymousDV (not verified)

There is more to Monsanto's strategy than just selling more poisons. By producing a GM variant they also get to have a patent on it. With other GM crops they have already produced, they are using that patent to force farmers to ONLY PLANT Monsanto seeds. How does this happen? The wind blows the pollen to non-Monsanto fields. Before you know it those fields have the Monsanto genes in their seeds and Monsanto is going to court to prevent the farmer from planting his own seeds!!! Talk about a catch-22. If Monsanto is allowed to continue this practice they will end up with a legal strangle hold on food supply!

Of course former Monsanto

Wed, 06/23/2010 - 10:28 — basta (not verified)

Of course former Monsanto lawyer C. Thomas didn't recuse himself. Conflict of interest? What's that?
DV 15.11 is right: the horrendously dishonest strategy to force farmers to purchase and plant only Monsanto seeds is in fact their strategy for controlling the world's food supply. Of course, if our legislators gave a damn about anything except campaign cash, they would recognize this grave threat. But they couldn't care less, and thus corporate America wins and the American people lose. Again. Also, here in the metro area organic food and non organic food are comparably priced, and this trend will continue as more and more people shun pesticides and fertilizers.

@ anonymous

Wed, 06/23/2010 - 11:29 — Rik Loots (not verified)

@ anonymous 13:30:

Terminator technology effectively fell into Monsanto's hands when they acquired Delta & Pine, holder of the terminator patent, in 2006. Mosanto had announced the intention to buy P&D in 1998 already. The outrage that resulted from that made the UN Convention on Biotechnology vote a moratorium on the utilization of terminator technology. This moratorium is still in place today.

@ kenneth kinkade 13:34:

Roundup has polluted vast amounts of soil and water. What's very important to know is that the so-call surfactants in the products may be the greatest danger of all: they're in Roundup (and most other herbicides as a mater of fact) to get the active component, glyphosate, into the plant.

Roundup is still marketed by Monsanto as a product that is 100% harmless, that can be sprayed without protection and is even harmless to aquatic life. Bu***it of course. In some countries like France, Monsanto had to change he misleading labeling on the Roundup canisters.

Seet the book & the report mentioned in my postings @ 01:33 and 02:26

Oh, and by the way, for

Wed, 06/23/2010 - 11:51 — Eric Loots (not verified)

Oh, and by the way, for those amongst you who haven't read this: do a simple search on Monsanto on this website and read the article on Elena Kagan dated May 13, 2010

No one apparently reads

Wed, 06/23/2010 - 15:38 — Anonymous (not verified)

No one apparently reads thoroughly. "The sole dissenter Justice Stevens, " paragraph 5 .... for heaven's sake! And Clarence Thomas was apparently not asked to recuse himself! paragraph 6!!!! Excellent article.

Somebody needs to make the

Wed, 06/23/2010 - 21:25 — Anonymous (not verified)

Somebody needs to make the Supreme Court DRINK Roundup. Maybe that will improve their thinking. Except for Justice Stevens who still has a brain apparently.

Why does this surprise

Thu, 06/24/2010 - 10:28 — Anonymous (not verified)

Why does this surprise anybody...Republican or Democrat this is the United States of America, Incorporated.

Anybody who still actually thinks the government is looking out for our best interest is truly delusional...

BP and Monsanto... these are

Thu, 06/24/2010 - 23:13 — Colorado Liberal (not verified)

BP and Monsanto... these are two ships that are bringing us disaster.

Warnings always go unheeded when corporations are running the government as they continue to do.

Keep an eye on Boulder, Colorado people. Many in Boulder feel that Monsanto has been working hard to try to undermine Boulder's organic "brand." I am of the belief that they have tried to influence Boulder's elected officials. What we have seen in the supposedly liberal City of Boulder is really quite incredible.

Read about measure H in

Fri, 06/25/2010 - 00:47 — ELoots (not verified)

Read about measure H in Mendocino County CA.

Great stuff. Note the money the likes of Monsanto pumped into an effort to defeat the Measure:

http://www.gmofreemendo.com/press_releases/2004-03-03.html

Worse Than Global Warming -

Sat, 06/26/2010 - 10:01 — Environmental Science Major (not verified)

Worse Than Global Warming - GMO crops have have well demonstrated and confounding toxicity to the consumer in the animal model, while causing irreversible contamination of the genomes of not only the identical non-GMO neighboring crops, but also surrounding native vegetation. I have this on the authority of my friends who is a degreed native plant specialist with thirty years in this field. While the data is murky and the debate is still out on AGW, GMO crops present these verifiable hazards:
- in rats, sterility of the second generation
- shrunken brains, livers and testicles
- testicles become blue instead of pink due to vasculature changes
- soil bacteria microbial dna from GMO is taken up by gut bacteria in consumer, so that your intestines become pesticide factories full of antibiotic resistant bacteria.
This is a clear and present danger while we fart around with CO2. Monsanto has their people all over the FDA - revolving door policy. These crops should never have been approved - note that in India and most of Europe they are NOT approved - it is illegal to grow GMO there due to lack of safety. But not us - we eat it all day long - soy, corn, cottonseed, canola and if Monsanto has it's way - every food crop on Earth. It is a real disaster unfolding Right Now.