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Monsanto Loses Ruling Over Genetically Altered Beets
The American Lawyer
September 25, 2009
Environmental groups concerned about the spread of genetically engineered food won a major victory in court earlier this week. Granting summary judgment for the plaintiffs in The Center for Food Safety v. Vilsack, San Francisco federal district court judge Jeffrey White ruled that the United States Department of Agriculture had improperly deregulated a variety of sugar beets that were genetically engineered to be resistant to the Roundup pesticide. This deregulation had allowed the beets, called Roundup Ready beets, to be grown and distributed throughout the United States without any restrictions.
The plaintiffs had sued the Secretary of Agriculture over the deregulation in January 2008, claiming that the USDA and its Animal and Plant Health Inspection Service failed to conduct the sort of careful environmental impact review required by the National Environmental Policy Act, and other laws. (APHIS regulates the introduction of genetically engineered products.) They alleged that the Roundup Ready beets posed a threat to other crops because their seeds could cross-pollinate with non-altered beets and Swiss chard.
The plaintiffs included the Center for Food Safety in San Francisco, The Sierra Club, High Mowing Organic Seeds and the Organic Seed Alliance. They were led by Paul Achitoff, the managing attorney of Earthjustice's office in Honolulu, and Zelig Golden, a staff lawyer with the Center for Food Safety in San Francisco.
Monsanto, which genetically engineered the Roundup Ready seeds, was allowed to intervene as a defendant. The company's legal team was led by Philip Perry at Latham & Watkins. Howrey also represented Monsanto, along with the American Sugarbeet Growers Association. Two other companies intervened: Syngenta Seeds Inc., represented by Farella Braun & Martel and Holland & Hart; and Betaseed Inc., represented by Debevoise & Plimpton and Loeb & Loeb.
Latham's Perry declined to comment. Debevoise partner Daniel Abuhoff, representing Betaseed (which helped develop the Roundup Ready seed) offered this comment: "Betaseed intends to actively defend its customers' right to continue to use Roundup Ready sugar beet seeds -- a product that has been embraced in the market." A spokesperson for the Department of Justice says the government is reviewing the decision.
In granting summary judgment for the plaintiffs, White agreed that deregulation of the Roundup Beets "may significantly affect the environment," and APHIS must prepare an environmental impact statement. (If you have any interest in the lifecycle of the sugar beet, we encourage you to peruse White's opinion, which is chock full of fascinating facts about beets. Did you know that U.S. sugar beet seed production takes place primarily in the Willamette Valley of Oregon?)
"The government has been for some time rubber-stamping industry requests for deregulation and oversight of genetically-engineered crops," says Achitoff of Earthjustice. "This lawsuit is an indication that the government is not doing its job and not protecting the public interest." Achitoff says the plaintiffs will ask judge White for an injunction banning new plantings of these beets until the government's re-examination is completed.
White's ruling follows a similar decision involving Roundup Ready alfalfa. In that case, San Francisco federal district court judge Charles Breyer also ruled that the USDA had violated the National Environmental Policy Act when it deregulated that product. Monsanto, represented by Latham, put up a vigorous fight. It appealed to the 9th Circuit, lost, and requested an en banc hearing, which was denied. The company may still file a cert petition with the United States Supreme Court.
An American Sugar Beet Growers Association representative told the Associated Press: "Clearly we are going to vigorously defend our farmers' freedom to plant Roundup Ready sugar beets."
This article first appeared on The Am Law Daily blog on AmericanLawyer.com.
