Roundup Ready Alfalfa Court Case
Roundup Ready alfalfa completed review by the Food and Drug Administration (FDA), was approved by the U.S. Department of Agriculture (USDA) and went on the market in 2005. However, a federal lawsuit was filed in early 2006 by the Center for Food Safety in the U.S. District Court for the Northern District of California, citing the failure to prepare an Environmental Impact Statement (EIS) by USDA.
In May 2007, Judge Charles R. Breyer enjoined the further sale or planting of Roundup Ready alfalfa pending completion of the EIS by USDA's Animal and Plant Health Inspection Service (APHIS).
In August 2007, USDA, Forage Genetics International, Monsanto and several Roundup Ready alfalfa growers filed an appeal in the Ninth Circuit Court of Appeals. The appeal was heard before a three-judge panel in June 2008. The USDA's general counsel argued that the injunction should not have been ordered without an evidentiary hearing, and that it imposed unnecessary restrictions and costs on alfalfa hay and seed growers.
Monsanto Company and Forage Genetics International are considering their legal options following the ruling given on September 2, 2008. The Ninth Circuit ruled 2-1 against the appeal, and the injunction will continue in effect.
In a sharp dissention, Judge N. Randy Smith wrote that failing to hold an evidentiary hearing was a mistake as "it would eliminate a significant procedural step without any real justification." Smith also acknowledged the nationwide injunction imposed serious financial implications for the farmers and distributors of Roundup Ready alfalfa who planned on the product's availability.
Monsanto Company and Forage Genetics International are considering their legal options following Tuesday's ruling.
This ruling did not set a precedent for other biotech crops, as each case is reviewed upon individual facts. More importantly, the ruling actually affirmed the safety of Roundup Ready alfalfa.
"This ruling is disappointing both to our company and the many alfalfa growers who would like to use this technology," Rob Nixon, Monsanto's alfalfa lead, said. "However, we are encouraged by the dissenting opinion which we believe lays out a sound argument for potential requests for further judicial review. We want to make Roundup Ready alfalfa available as soon as possible to thousands of our customers who want this product."
"The injunction was ordered because of a separate USDA regulatory procedure, and we feel it was done without a full review of the available evidence," Monsanto attorney Kyle McClain said. "We also believe the injunction was ordered without a full evaluation of the scientific evidence. A more complete review would have provided the information to the court to narrowly tailor a remedy, such as the one recommended to the court by APHIS."
According to Nixon, the decision of the court does not impact the timing of the launch of Roundup Ready alfalfa based on the completion of an EIS. Although it is on schedule, no official date has been set by APHIS for the EIS completion.
The injunction does not impact farmers who have already planted Roundup Ready alfalfa. Based on USDA information, 5,485 growers in 48 states have planted more than 263,000 acres of Roundup Ready alfalfa. These growers follow USDA stewardship guidelines when selling hay, as it is a regulated product.
