GM Crops Go to US High Court, Environmental Laws on the Line (Also petition below)

Vatic Note:  While this process covered below in this blog,  is taking place, others are approaching the issue from a legislative position on labeling all GMO food products as such for transparency and disclosure so customers may shop making educated purchase decisions.  Vatic Project has agreed to put up a petition, which we seldom do, and allow those who visit our sight, sign and forward it on to their lists for signature.   If we hit this from every position, we might have a chance of getting control of our food back again.   Here is the email and petition link below which is contained in this vatic note.
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From: Lisa Madison, FRESH the Movie [info@freshthemovie.com]
Subject: U.S. to Prevent GMO Labeling Worldwide

We have just a few days to stop the United States government from preventing the world from properly labeling genetically modified foods (GMOs).

The U.S. Department of Agriculture (USDA) and Food and Drug Administration (FDA) have adopted a pro-corporate position that laughably claims labeling GM/GE foods creates the "false" impression that "that the labeled food is in some way different from other foods."

And next week, at the United Nations meeting in Canada, they will tell the world to adopt the same position, preventing other countries from rightly labeling GMOs as different from fresh, natural food. The implications of this position could further undermine organic food standards all over the world, especially organic labeling.
We know that GMO food created by the likes of Monsanto is not only "different" but unhealthy and unsustainable. Can you help us tell the USDA and FDA to wake up and drop this ridiculous position?

Click here to tell the USDA and FDA: the world should be free to label GMO foods as such. http://org2.democracyinaction.org/dia/track.jsp?v=2&c=UO6zf42Tpdw3h9n1t0jL4haOdstcu3gR
While the rest of the world wants to be able to label unnatural GMOs, Barack Obama's USDA and FDA have adopted pro-corporate food positions GMOs. Unless we act now, the United States will go to this meeting telling the world that GMO foods are not different and should not be labeled.

GMO foods, by definition, are genetically different. By altering nature's design in order to withstand a barrage of chemicals and other poisons, humans are without question creating a new, different kind of food.

We need to tell the USDA and FDA to abandon its wrongheaded, corporate food position that GMOs are the same as non-GMO foods. Sign our petition now before the deadline on Monday. http://org2.democracyinaction.org/dia/track.jsp?v=2&c=EAx30%2FI6It7CvxGP03yQSRaOdstcu3gR

Thank you for your support on this urgent petition - please share this with anyone you know who cares about their food.

Best,

Lisa Madison, Distribution & Outreach Coordinator
FRESH
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GM Crops Go to US High Court, Environmental Laws on the Line
http://www.truthout.org/genetically-modified-crops-go-us-high-court58876?print
Monday 26 April 2010

by: Matthew Berger
Inter Press Service

Washington - The U.S. Supreme Court will hear arguments Tuesday in its first-ever case involving genetically modified crops. The decision in this case may have a significant impact on both the future of genetically modified foods and government oversight of that and other environmental issues.

The case, Monsanto Co. v. Geertson Seed Farms, revolves around an herbicide-resistant alfalfa, the planting of which has been banned in the U.S. since a federal court prohibited the multinational Monsanto from selling the seeds in 2007.

That decision found that the U.S. Department of Agriculture did not do a thorough enough study of the impacts the GM alfalfa would have on human health and the environment and ordered the agency to do another environmental impact statement (EIS) review.

Though a draft was released in December, "there is no anticipated date" for the final EIS, Suzanne Bond, a spokeswoman with the USDA division charged with regulating GM organisms - the Animal and Plant Health Inspection Service (APHIS) - told IPS.

The law under which organic farmers were allowed to challenge USDA's oversight of the GM alfalfa, the National Environmental Policy Act (NEPA), is what may suffer the most from the court's eventual decision, which is expected in June at the earliest. The law "requires federal agencies to integrate environmental values into their decision-making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions", said Bond.

It is also a key legal tool for environmental groups seeking to challenge those agencies' decisions. The vulnerability of NEPA is a key reason so many such groups have joined the plaintiffs by filing amicus briefs against Monsanto in this case.

The Centre for Biological Diversity, one of those groups, does not normally get involved in GM issues, said the Centre's Noah Greenwald, but this case "has broad implications for how governments do environmental analysis and when they need to prepare impact statements".

"The broader implications are why we got in this," he told IPS.

Doug Gurian-Sherman, who wrote several expert opinions for the earlier cases in lower courts and is a senior scientist at the food and environment programme of the Union of Concerned Scientists, which has also filed an amicus brief, pointed to the need for the type of citizen oversight of the government's own oversight that is granted by statutes like NEPA.

"The big issue here is how much deference should be given to a regulatory agency and its expertise in doing its job versus how much access or deference should be given to the public in having the ability to challenge the agency in court," he said.

"The issue here then becomes how amenable is the Supreme Court going to be in terms of allowing citizens to bring suit against an agency that is not doing its job, and that I think is the gist of what this decision may be," he added.

But the legal implications are only half the story. Also implicated, at least potentially, is the future of GM crops in the U.S. and elsewhere.

In the original court case, organic farmers argued that the genes of the GM alfalfa would be carried to neighbouring - potentially miles away - non-GM alfalfa by the bees that pollinate the crop and that genetic contamination would hurt their ability to market their alfalfa under the label "organic". This would also preclude them from exporting to countries that prohibit GM crops.

"Consumers may not accept products cross-contaminated with genetically-engineered components and you can test for those and testing is done pretty routinely and therefore the market could reject the contaminated organic crops," explained Gurian-Sherman.

In addition to this economic impact, they have argued that the planting of the Roundup Ready alfalfa that is at issue here, used in conjunction with the Monsanto-made herbicide Roundup, may also lead to increased herbicide-resistance in weeds.

APHIS largely dismissed this as an issue in its original analysis, says Gurian-Sherman, "even though over the last couple years the incidence of resistant weeds and the economic impacts they're having largely contradicts APHIS's analysis."

Though questions over the environmental and economic impacts of growing GM crops have existed for decades, the issue remains extremely complicated from an ethical and health perspective. Depending on how broad the Supreme Court's decision ends up being, it could go a long way to deciding the fate of other GM crops.

A case on GM sugar beets is currently ongoing. The court has allowed plantings this year, but has reserved the right to prohibit them in the future. The USDA is in the midst of preparing a draft impact statement for both these sugar beets and a GM creeping bentgrass.

Gurian-Sherman has serious concerns about the agency's actions on GM crops generally. "There's been several indications beside this case that USDA has not been really doing an adequate job regulating genetically-engineered seed&As a scientist, having reviewed a number of environmental assessments that the agency has done, in my opinion they've often done a very lax, scientifically often unsupportable job in their analyses. It's not like they've been completely negligent, but in my opinion they've made a number of errors in either scientific reasoning or in their data or data analysis."

Since 1992, USDA's APHIS division has granted non-regulated status to GM plants in response to 80 petitions, according to Bond, including multiple varieties of corn, soybeans, cotton, rapeseed, potato, tomato, squash, papaya, plum, rice, sugar beet, tobacco, alfalfa, flax, and chicory.

Tuesday's decision may have a significant influence on how that list changes in the future.
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