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Supreme Court Case Sprouts Up

Little Seed Makes Big Waves: Genetically Engineered Crop Goes to Supreme Court

By Brigid Darragh
Friday, January 22nd, 2010

There's a first time for everything.

The U.S. Supreme Court announced last week that it has decided to hear a case about the risks of genetically engineered (GE) crops.

For years, the Center for Food Safety (CFS) has made efforts to protect consumers — and the environment — from what they deem the potentially harmful effects of genetically engineered crops.

Since 2006, the CFS has been to court annually in an on-going dispute with Monsanto, the chemical agricultural business whose products include their prized herbicide, Roundup. Four years ago, CFS has been filing suits on behalf of an alliance of non-profit organizations and farmers who wanted to preserve their right to choose to plant a non-GE alfalfa seed.

Let's take a step back...

The genetically engineered alfalfa seed was deemed illegal by the Department of Agricultural and denied approval in 2007. Monsanto clearly has a vested interest in the DOA's approval of a seed that is immune to its flagship herbicide.

However the CFS has won three appeals by Monsanto since 2007 (one in 2008 and most recently, in 2009), regarding the position of the DOA on the GE alfalfa seed. All cases have been heard in the Court of Appeals for the Ninth Circuit; now, Monsanto is demanding the case be heard by the Supreme Court. The Supreme Court has decided to hear a first-time case about the risks of GE crops.

So why all this fuss over a seed?

Alfalfa is the fourth most widely grown crop in the United States. It is the first perennial crop to have been genetically engineered and is open-pollinated by bees, which means it can be cross-pollinated, thus spreading the engineered DNA to other crops — both conventional and organic — creating biological contamination.

"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," according to the CFS.

In October 2009, Monsanto requested the Supreme Court hear their argument. Both the CFS and Supreme Court denied the company's request in December.

A representative from the CFS stated that though they find a further hearing unnecessary, they are confident going into the Supreme Court case from the support they've received from cases in lower courts.

Idaho-based farmer Phil Geertson shares his sentiments: "We trust the Supreme Court will uphold farmers' right to choose their crop of choice and protect us from the constant fear of contamination from GE crops."

Besides the two obvious causes the CFS rallies against GE crops for — the harmful effects to consumer health and the toll these crops take on the environment — there's also the issue of how effective genetic engineering is in agriculture.

A 2009 study conducted by the CFS, The Organic Center, and the Union for Concerned Scientists showed that in actuality, GE crops don't increase crop yield.

Instead of increasing yield, the study found that GE crops, like corn and cotton, have resulted in an overall increase of 318 million pounds of pesticides over the first 13 years of commercial use.

You can read the full report from this study here.

Says Bill Freese, a science policy analyst for CFS: "This report confirms what we've been saying for years... The most common type of genetically engineered crops promotes increased use of pesticides, an epidemic of resistant weeds, and more chemical residues in our foods. This may be profitable for the biotech/pesticide companies, but it's bad news for farmers, human health and the environment."

The outcome of this case will set a major precedent for the world of agriculture. The Supreme Court's decision will shape the future of organizations like the CFS, DOA, and the coalition of farmers and non-profits, as well as the corporate giants who are profiting from patenting forms of life.

Perhaps the bigger question this case raises is how did we get to this point, where the balance of life — created and altered — hangs in the chambers of Supreme Court judges? Is it an exaggeration to think genetically engineered alfalfa seeds are the first pages in a new volume of "playing God"?

Have we simply overlooked the double meaning of Aesop's famous saying, "Destroy the seed of evil, or it will grow up to your ruin"?

Brigid


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Comments:

Comment by Diane Ramsay Shedd on 2010-01-22
Thank God that you have picked up on this. Go for it girl!!!!!!!
Comment by edski on 2010-01-22
An analogy to how it effects crops, is to have a barbeque outside of the Supreme Court chambers in the hallway. I bet you still smell and hear the festivities. OR maybe second hand smoke isn't really bad for someone if it drifts into a non smokers lungs.
Comment by doni on 2010-01-22
This is the tip of iceberg. There are many plants that Monsanto and others have “genetically modified” using recombinant DNA technologies. Much of our food is produced using these strains but we are not told about them. They are considered equivalent to the foods we have been eating before recombinant DNA entered the picture, so I suspect there is little research on possible harmful effects. There is considerable information on genetic contamination of traditional crops by pollen from the creations of Monsanto because Monsanto goes after the owners of such crops for money they are said to owe cue to unauthorized use of Monsanto’s patented strains. Monsanto could also introduce genes that cause the plants grown from the seeds it sells to be sterile (terminator technology). This would solve the contamination problem but not problems due to effects on consumer and environmental health. It’s almost funny that roundup-ready alfalfa is still illegal while many crop plants with similar modifications are allowed and used in agriculture
Comment by Jan Hulsbergen on 2010-02-01
It is remarkable how a corporate environment alters personal decision-making processes in the heads of management and staff. The case of Monsanto shows that, even without significant or no ownership, employees can personally contribute to repression of farmers in Latin/South America and Africa, and the potential destruction of essential parts of the environment of all living creatures. Inspiring and motivating should be positive and aiming for a contributing form of self-activation. I am inclined to believe that Monsanto and alike successfully take away natural personal judgment capabilities. Seduction by psychologically optimized amounts and plain brainwashing seem hard to withstand. We can only hope that courts worldwide continue to judge ultimate effects, instead of hiding behind legitimacy of incremental steps and legal processes.