I'm happy to post this press release from our friends at the Center for Food Safety.
FOR IMMEDIATE RELEASE
Contact: Joseph Mendelson, Center for Food Safety (202) 547-9359 (Note: Individual farmers and representatives of organizations who are plaintiffs in the lawsuit are available for comment).
Precedent-setting Decision May Block Planting, Sales of Monsanto Alfalfa
Washington, DC (February 14, 2007)--In a decision handed down yesterday, a Federal Court has ruled, for the first time ever, that the U.S. Department of Agriculture failed to abide by federal environmental laws when it approved a genetically engineered crop without conducting a full Environment Impact Statement (EIS).
· The judge found that plaintiffs' concerns that Roundup Ready alfalfa will contaminate natural and organic alfalfa are valid, stating that USDA's opposing arguments were "not convincing" and do not demonstrate the "hard look" required by federal environmental laws. The ruling went on to note that "…For those farmers who choose to grow non-genetically engineered alfalfa, the possibility that their crops will be infected with the engineered gene is tantamount to the elimination of all alfalfa; they cannot grow their chosen crop."
· USDA argued that, based on a legal technicality, the agency did not have to address the economic risks to organic and conventional growers whose alfalfa crop could be contaminated by Monsanto's GE variety. But the judge found that USDA "overstates the law…Economic effects are relevant "when they are 'interelated' with 'natural or physical environmental effects.'…Here, the economic effects on the organic and conventional farmers of the government's deregulation decision are interrelated with, and, indeed, a direct result of, the effect on the physical environment."
· Judge Breyer found that USDA failed to address the problem of Roundup-resistant "superweeds" that could follow commercial planting of GE alfalfa. Commenting on the agency's refusal to assess this risk, the judge noted that "Nothing in NEPA, the relevant regulations, or the caselaw support such a cavalier response."
"Today's ruling reinforces what Sierra Club has been saying all along: the government should look before it leaps and examine how genetically engineered alfalfa could harm the environment before approving its widespread use," said Neil Carman of the Sierra Club's genetic engineering committee. "That's just plain common sense."