Panel keeps GM alfalfa on the shelf
A federal appeals court upheld a 2-year-old ban on Monsanto Co.’s genetically modified alfalfa in a case a biotech food opponent calls a "turning point" in the regulation of such crops.
The ruling by the 9th U.S. Circuit Court of Appeals on Wednesday leaves Creve Coeur-based Monsanto with two options. It can appeal the case to the U.S. Supreme Court or hope for regulatory approval after the Agriculture Department completes a comprehensive environmental review.
"The ruling is disappointing, both to our company and the growers," said Garrett Kasper, a Monsanto spokesman.
However, Monsanto said a dissenting opinion by one of the three judges provides a "sound argument" if the case is appealed to the Supreme Court.
Monsanto got regulatory approval for biotech alfalfa in 2005. A year later, two alfalfa-seed farms and a coalition of environmental groups sued the government, challenging the decision to approve the crop without
requiring an environmental impact statement.
The groups cited concerns that conventional and organic alfalfa could be contaminated through cross-pollination, preventing crops from being sold. They also claimed biotech crops have led to overuse of herbicides and given rise to "super weeds" resistant to glyphosate, the active ingredient in Roundup.
A U.S. District Judge in San Francisco issued an injunction that banned the planting of biotech alfalfa after March 30, 2007. By then, more than 260,000 acres of the Roundup Ready alfalfa had been planted faxless payday loans.
Monsanto intervened on the government’s behalf after the injunction, joined by Forage Genetics Inc., an alfalfa breeder that licensed the technology.
Nationwide, 23 million acres are devoted to growing alfalfa, most of which is used as animal feed.
But biotech opponents say the case is much broader because it marks the first time a thorough environmental review has been required for regulatory approval of a genetically modified crop.
Such a study will help regulators and the public understand any risks associated with crops that are genetically engineered to help farmers ward off weeds and pests, they say.
"This is a major victory for the public, for farmers and for the environment," said George Kimbrell, staff attorney for the Washington-based Center for Food Safety, a plaintiff in the case.
A draft copy of the environmental study on genetically modified alfalfa is expected later this year, according to the Agriculture Department. That will be followed by a public comment period and a final report.
Monsanto is still hopeful for government approval of Roundup Ready alfalfa and believes the results of the environmental impact statement could help with future reviews of new biotech crops.
Meanwhile, a lawsuit challenging the government’s approval of Monsanto’s Roundup Ready sugar beets is pending.
Filed under: finance by Fred