A federal judge in California ruled this week not to place a temporary ban on genetically-modified sugar beets and seeds, but also hinted that a permanent injunction might be forthcoming.
“The parties should not assume that the court’s decision to deny a preliminary injunction is indicative of its views on a permanent injunction pending the full environmental review that [Animal and Plant Health Inspection Service] is required to do,” explained U.S. District Court Judge Jeffrey S. White of the Northern District of California.
The request for a temporary ban was made on behalf coalition of organic seed growers and conservation and food safety groups by attorneys for the Center for Food Safety and Earthjustice. It called for a moratorium on all planting, production and use of the modified beets and seeds until the court considered whether or not the government unlawfully deregulated the crop. The coalition has indicated that it will now pursue a permanent injunction at a hearing in July.
“We are encouraged that Judge White will order permanent injunction relief,” said Paul Achitoff, attorney for Earthjustice. “We will ask the court to halt the use of genetically-modified seeds and beets until the federal government does its job to protect consumers and farmers alike.”
In September 2009, the Northern California district court ruled that the U.S. Department of Agriculture had unlawfully approved the beets, which are one of the crops in Monsanto Co.’s Roundup Ready line. The beets in question have been modified to have resistance to glyphosate, the active ingredient in Roundup herbicide. In making its ruling last fall, the court questioned if contamination of the crop into non-modified varieties was possible through cross-pollination, and ordered the government to prepare an Environmental Impact Statement.
“This ruling provides clarity that farmers can plant Roundup Ready sugar beets in 2010,” said Steve Welker, sugar beet business manager for Monsanto Co.
The company contends that the crop has been successfully planted in North America for the past four years, and that it looks forward to “demonstrating that a broad permanent injunction is not appropriate” in the next phase of the court battle.
Those who oppose the modified beets believe that their use can result in genetic contamination of organic and conventional crops, increased use of glyphosate and other herbicides and loss of consumer choice to purchase products made with sugar that was not derived from genetically-engineered beets.
According to Monsanto, growers confirm that the modified crop reduces impacts on the environment while making their operations more efficient and profitable. Alternative technologies, Monsanto notes, require more applications of pesticides with greater impacts on the environment and lower crop yields.
“Monsanto’s gene-altered sugar beets were illegally approved by the Bush administration’s USDA. The profound economic impacts on organic and conventional farmers, as well as the environment, were not assessed,” said Andrew Kimbrell, executive director of the Center for Food Safety. “As a result, the planting of these crops should be halted to avoid further harm.”
More than 1 million acres of Roundup Ready sugar beets have been planted in 10 U.S. States and in two Canadian provinces. In North America last year, according to Monsanto, roughly 95 percent of the sugar beet acreage was plant with Roundup Ready varieties.
In a prepared statement the Sugar Industry Biotech Council said the court recognized “the significant impact that an immediate ban on planting would have caused to growers, processors, rural communities and the U.S. sugar supply.” The Council, according to its Web site, is a coalition of U.S. and Canadian sugar beet and sugar cane growers and processors, sugar industry associations, technology companies and seed companies.
A similar 2007 case resulted in the judicial ban of Monsanto’s modified alfalfa. The company is currently appealing that decision to the U.S. Supreme Court.