1.Court Just Says No -- Again -- to Genetically Modified Alfalfa
2.FEDERAL COURT UPHOLDS BAN ON GENETICALLY-ENGINEERED ALFALFA
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1.Court Just Says No -- Again -- to Genetically Modified Alfalfa
Jordan Lite
Scientific American, Sep 2 2008
http://www.sciam.com/blog/60-second-science/post.cfm?id=court-just-says-no--again----to-gen-2008-09-02

We know you're just dying to taste that delectable genetically modified alfalfa, but you'll have to wait: an appeals court today ruled    that the feds  must review the potential environmental effects of the biotech seeds before farmers can plant them.

The decision by a three-judge panel of the U.S. 9th Circuit Court of Appeals forces the U.S. Department of Agriculture to  issue an environmental impact statement on Roundup Ready alfalfa seeds, which are made by ag giant Monsanto and would be planted exclusively by Forage Genetics International.

"It’s a historic moment of a court requiring an environmental review, and until it's done Monsanto can't plant or sell its seed," said Kevin Golden, a staff attorney for the Center for Food Safety (CFS), which along with eight other parties sued the government green-lighting the seeds. "It puts on notice the government and creators of this technology -- Monsanto in particular -- that if it wants to bring GE (genetically engineered) crops into the American agricultural system, it must do its work to show that farmers and consumers will be protected and non-GE crops won't be affected."

The decision upholds an injunction issued by a district court judge last year.    CFS and other critics worry that tiny genetically modified alfalfa seeds will contaminate organic and conventional crops through cross-pollination.

"The concern is there will one day not be organic alfalfa, which is the primary food for cattle in this country," Golden said. "If you lose organic alfalfa, you lose organic cheese."

Representatives from USDA, Monsanto and Forage Genetics International didn't immediately respond for comment.
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2.FEDERAL COURT UPHOLDS BAN ON GENETICALLY-ENGINEERED ALFALFA
Center for Food Safety, September 2 2008
http://www.centerforfoodsafety.org/AlfalfaPR9_2_08.cfm

Contacts: Kevin Golden, 415-826-2770; Joseph Mendelson, (202) 547-9359

Washington, D.C. - In a decision handed down today, the United States Court of Appeals for the Ninth Circuit has upheld a nationwide ban on the planting of genetically-engineered (GE) Roundup Ready alfalfa pending a full Environmental Impact Statement (EIS). The Court determined that the planting of genetically modified alfalfa can result in potentially irreversible harm to organic and conventional varieties of crops, damage to the environment, and economic harm to farmers.

Although the suit was brought against United States Department of Agriculture (USDA); Forage Genetics and Monsanto Company entered into the suit as Defendant-Intervenors. In her opinion, Circuit Judge Mary M. Schroeder held that ìMonsanto and Forage Genetics contend that the District Court disregarded their financial losses, but the district court considered those economic losses and simply concluded that the harm to growers and consumers who wanted non-genetically engineered alfalfa outweighed the financial hardships to Monsanto and Forage Genetics and their growers.î

ìThis ruling affirms a major victory for consumers, ranchers, organic farmers, and most conventional farmers across the country,î said Andrew Kimbrell, Executive Director of the Center for Food Safety. ìRoundup Ready Alfalfa represents a very real threat to farmersí livelihoods and the environment; the judge rightly dismissed Monsantoís claims that their bottom line should come before the rights of the public and Americaís farmers. This ruling is a turning point in the regulation of biotech crops in this country.î

Todayís decision upholds District Court Judge Charles Breyerís earlier ruling of May 2007, in which he found that the USDA failed to address concerns that Roundup Ready alfalfa will contaminate conventional and organic alfalfa. Judge Schroederís decision affirms that USDA violated national environmental laws by approving GE alfalfa without a full Environmental Impact Statement. It also affirms that USDA failed to address the problem of Roundup-resistant ìsuperweedsî that could follow commercial planting of GE alfalfa.

The Center for Food Safety represented itself and the following co-plaintiffs in the suit: Western Organization of Resource Councils, National Family Farm Coalition, Sierra Club, Beyond Pesticides, Cornucopia Institute, Dakota Resource Council, Trask Family Seeds, and Geertson Seed Farms. For more information, please visit www.centerforfoodsafety.org .