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Supreme Court Briefs

A myriad of interests – ranging from food companies to farmers unions to scientific experts — filed new briefs to the U.S. Supreme Court in support of the Center for Food Safety and opposed to Monsanto in a case to be argued on April 27, Monsanto v. Geertson Seed Farms.

Read Respondents’ (Center for Food Safety) Brief

Full List of Amici and links to documents (pdf):

  • Amicus brief from California, Oregon, and Massachusetts
  • Amicus brief from CROPP Cooperative (Organic Valley), Montana Organic Ass’n, Nat’l Cooperative Grocers’ Ass’n, Nat’l Organic Coalition, Organic Farming Research Foundation, Organic Seed Alliance, Organic Seed Growers and Trade Ass’n, Organic Trade Ass’n, Western Organic Dairy Producers Alliance, United Natural Foods, Inc., Eden Foods, Inc., Annie’s, Inc., Clif Bar & Company, Nature’s Path Foods, Inc., Purist Foods, Inc., Stonyfield Farm, Inc., and Straus Family Creamery
  • Amicus brief from Arkansas Rice Growers Association, Rice Producers of California, New England Farmers Union, Community Alliance with Family Farmers, FedCo Seeds, Inc., Nat’l Farmers Union of Canada, Genetics International, Eckenberg Farms, International Federation of Organic Agriculture Movements, International Commission on the Future of Food and Agriculture
  • Amicus brief from Union of Concerned Scientists, Center for Responsible Genetics, Dr. Steven R. Radosevich, Dr. Paul E. Arriola, Dr. John Fagan, Dr. E. Ann Clark, Dr. Don M. Huber, Dr. Rubens Onofre Nodari, Dr. Doreen Stabinsky, and Caroline Cox
  • Amicus brief from Dinah Bear, Robert Glicksman, Oliver Houck, Daniel Mandelker, Thomas McGarity, Robert Percival, Zygmunt Plater, Nicholas Robinson, and Gary Widman
  • Amicus brief from Natural Resources Defense Counsel and Prof. Craig N. Johnston, Prof. Michael C. Blumm, Prof. David W. Case, Prof. Jamison E. Colburn, Prof. William F. Funk, Prof. David K. Mears, Prof. Patrick A. Parenteau, Prof. John T. Parry, Prof. Melissa A. Powers, and Prof. Mary C. Wood
  • Amicus brief from Defenders of Wildlife, Humane Society of the United States, and Center for Biological Diversity

Background

The modified alfalfa seed at the heart of the dispute has been engineered to be immune to Monsanto’s flagship herbicide Roundup. Monsanto intervened in a 2007 federal district court ruling that the Department of Agriculture’s approval of GE alfalfa was illegal. The Center for Food Safety (CFS) filed a 2006 lawsuit on behalf of a coalition of non-profits and farmers who wished to retain the choice to plant non-GE alfalfa. CFS was victorious in this case – in addition CFS has won two appeals by Monsanto in the Court of Appeals for the Ninth Circuit: in 2008 and again in 2009. The Supreme Court agreed to hear the case over the government’s opposition and will hear the case on April 27.

The federal district court required the Department of Agriculture to undertake an Environmental Impact Statement (EIS) assessing the impacts of the crop on the environment and on farmers; the first time the U.S. government had ever undertaken such analysis for any GE crop. That the EIS was required is not in dispute; the legal issue is only the scope of relief while USDA analyzed the impacts of the crop for the first time.

Alfalfa is the fourth most widely grown crop in the U.S. and a key source of dairy forage. It is the first perennial crop to be genetically engineered. It is open-pollinated by bees, which can cross-pollinate at distances of several miles, spreading the patented, foreign DNA to conventional and organic crops. Such biological contamination threatens the livelihood of organic farmers and dairies, since the U.S. Organic standard prohibits genetic engineering, and alfalfa exporters, since most overseas governments also reject GE-contaminated crops.

Related:

A 2009 study showed that the use of genetically modified crops, the vast majority Monsanto’s “roundup ready” crops, has caused over the last 13 years a dramatic increase in herbicide use, by 383 million pounds, and concomitant harms to the environment and human health.

The U.S. Department of Justice has undertaken an investigation of Monsanto regarding violations of anti-trust and monopoly laws and is set to hold public hearings in spring 2010.

Another 2009 study showed that, despite decades of promises and hype, GE crops do not increase yields.

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