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U.S. SUPREME COURT TO HEAR MONSANTOS APPEAL ON RR ALFALFA
Jan. 18, 2010
The U.S. Supreme Court agreed to hear Monsantos appeal of a ban on the sale of genetically modified alfalfa.
But the outcome of the case may be more important for what it means to another biotech crop.
Monsanto petitioned the Supreme Court in October to overturn an appeals court decision that prohibits the planting of Roundup Ready alfalfa until regulators complete a more thorough environmental review.
A ruling by the Supreme Court is expected by mid-year. But the outcome could be moot if the Department of Agriculture completes its environmental study and gives approval to biotech alfalfa before then.
The Obama administration opposed Monsantos appeal in a brief filed last month for that reason, though it disagreed with the court ban.
Monsanto is fighting the alfalfa injunction, at least in part, because of what the outcome could mean for a similar case involving sugar beets genetically modified to resist applications of Roundup and similar weed killers.
A federal judge in San Francisco in September ruled that the Agriculture Department wrongly approved the sale of biotech sugar beets in 2005, and ordered the agency to conduct a more exhaustive study of the crops environmental impact.
The decision didnt immediately affect growers producing biotech sugar beets. But environmental groups, led by the Washington-based Center for Food Safety, are seeking a ban in the next phase of the case.
The impact of a sugar beet ban could have far-reaching consequences. While Roundup Ready alfalfa accounts for just 1 percent of the alfalfa crop, 95 percent of North American sugar beet acreage is planted with biotech seeds. And sugar beets supply about half of the nations sugar.
The American Farm Bureau Federation said in a brief filed with the Supreme Court that upholding the alfalfa injunction could be a significant setback for agriculture in general.
"The ripple effect of the injunction in this case could spread far beyond genetically-engineered sugar beets," the group said.
Source: AgriMarketing
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