Dori Borrelli

March 16, 2007

On Monday, Judge Charles R. Breyer of the United States District Court for the Northern District of California vacated the U.S. Department of Agriculture's (USDA) 2005 approval of Monsanto's Roundup Ready alfalfa. Prior to the June 2005 deregulation, genetically engineered alfalfa could not be grown in the United States without a permit granted by the USDA. Judge Breyer's ruling also stops the sale of these genetically modified seeds. The result of this decision is Roundup Ready alfalfa becomes a regulated article once again.

The decision comes after a memorandum and order issued on February 13, 2007 in which Judge Breyer concluded that the USDA violated the National Environmental Protection Act (NEPA) by not preparing an environmental impact statement (EIS) before deregulating genetically engineered alfalfa. The court reasoned that a potentially significant environmental impact of gene transmission exists because the genetically modified alfalfa could contaminate organic and conventional alfalfa.

Defendants and interveners argued that an order prohibiting an increase in the acreage and future plantings of genetically engineered alfalfa will force growers to make last-minute changes to their planned plantings and find different, non-GM seeds. In response to such concerns, the court issued a preliminary injunction of all future planting of genetically engineered alfalfa beginning March 30, 2007. Growers who intend to plant genetically engineered alfalfa in the three weeks following the ruling, and have already purchased the seeds, may still go ahead with planting. The court will hear oral argument on permanent injunctive relief on April 27, 2007.

This decision is particularly significant because it is the first time any court has issued a moratorium on genetically engineered foods. Moreover, both federal regulatory agencies and Congress have failed to pass any rules or laws addressing the threats that genetically engineered crops pose to human health, animals, and the environment.

Sources:

Geerston Farms Inc., v. Mike Johanns, No. C 06-01075 (N.D. Cal. Mar. 12, 2007) available at http://www.centerforfoodsafety.org/pubs/136 Preliminary Injunction Order.pdf.

The Center for Food Safety, Genetically Engineered Food, http://www.centerforfoodsafety.org/geneticall7.cfm (last visited Mar. 15, 2007).

Will Rostov, Federal Judge Orders First-Ever Moratorium On Sale Of Genetically Altered Seed, The Center for Food Safety, Mar. 12, 2007, http://www.centerforfoodsafety.org/Alfalfa_PrelimInjPR3_12_07.cfm.

Andrew Pollack, Judge Stops Sale of Monsanto's Genetically Engineered Alfalfa, N.Y. Times, Mar. 13, 2007, available at http://www.nytimes.com/2007/03/13/business/13seed.html?ex=1331438400&en=91190c7e4588151e&ei=5090&partner=rssuserland&emc=rss.