USA: Supreme Court says biotech alfalfa ban was too much

Publisher Name: 
Des Moines Register

Washington, D.C. -
Farmers could be allowed to plant genetically engineered alfalfa next
spring after the Supreme Court lifted a nationwide ban on the crop.

In
its first case involving a biotech crop, the Supreme Court ruled 7-1
Monday that a federal judge went too far when he ordered the planting
ban while requiring the Agriculture Department to conduct an
environmental impact study of the crop.

Agribusiness interests,
organic farmers and anti-biotech groups were watching the case closely
because of its potential impact on the commercialization of new biotech
crop varieties. Critics of the biotech alfalfa say it will contaminate
seed supplies and make it harder for organic dairy producers to get
adequate feed.

Sales of the biotech alfalfa remain on hold pending the USDA
finishing its study. In a draft issued last fall, the department said
the crop should not harm the environment or human health and proposed
to deregulate the crop.

The department issued a statement Monday
saying it was on track to complete the study in time for the spring
planting of alfalfa crops. The statement said the study was a "high
priority."

The crop's developer, Monsanto Co., called the ruling
"exceptionally good news" and said farmers could be allowed to plant
the seeds as early as this fall, if the USDA were to permit it.
However, USDA officials gave no indication they would do that.

The
anti-biotech Center for Food Safety said it is still illegal for
farmers to use the seed until it is fully cleared by the USDA. The
Supreme Court did not dispute the district judge's ruling that the USDA
wrongly deregulated the crop earlier without doing an environmental
impact study. But the justices said the judge should have allowed the
USDA to consider permitting some planting of the crop while the review
was being completed.

In the ruling, Justice Samuel Alito wrote that none of the alfalfa "can be grown or sold" until the USDA issues its decision.

The
alfalfa is engineered to be immune to Roundup herbicide. Johnston-based
Pioneer Hi-Bred has licensed the technology and will start selling the
biotech alfalfa as soon as the USDA and Monsanto say it's OK, said
Pioneer spokesman Doyle Karr.

Danielle Quist, an attorney for
the American Farm Bureau Federation, said the ruling should make it
tougher for judges to sidestep government agencies with similar
nationwide injunctions.

Justice John Paul Stevens, who is retiring, cast the lone dissenting vote.

The
federal judge who issued the planting ban, Charles Breyer, is the
brother of Justice Stephen Breyer, and he recused himself from the case
because of their relationship.

Charles Breyer issued the ban in
2007, two years after the seeds went on the market. Among other things,
the judge said that USDA officials had failed to adequately consider
whether farmers growing non-biotech alfalfa can protect their crops
from cross-pollinating with the gene-altered variety.

Officials
with Pioneer didn't see the case having a dramatic effect one way or
the other on the company's business, which is focused on corn and
soybeans, two commodities where biotech traits are commonly used.
However, Pioneer has disputed claims by organic farmers that the
biotech crops would jeopardize their business.

Pioneer's Karr said Monday's ruling "reinforces USDA's role in regulating biotech crops."

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