On Monday, Federal Judge Jeffrey S. White issued a decision in Federal District Court in San Francisco that the U.S. Department of Agriculture (USDA) should have conducted an environmental impact assessment of genetically engineered sugar beets prior to approval for domestic cultivation. Judge White said the assessment should have studied “the consequences from the likely spread of the genetically engineered trait to other sugar beets or to the related crops of Swiss chard and red table beets.”According to Andrew Pollack’s story for the New York Times, this decision could open the door for a ban on the beets that are planted on roughly 1.1 million acres of American farms. Two years ago the same court issued another ruling, similar to Monday’s, with regards to genetically engineered alfalfa. In that particular case the judge ruled the USDA must conduct an environmental impact statement before the crop could be planted again. The study has not been conducted, and as such, very little of the alfalfa is being produced.
A meeting to determine a remedy in this case is scheduled for Oct. 30, 2009. The plaintiffs in the suit consist of the Center for Food Safety, the Sierra Club, the Organic Seed Alliance, and High Mowing Organic seeds. The defendant is the USDA. The plaintiffs will push for a ban on planting the beets, in essence giving them a similar result as in the alfalfa case.
Some farmers argue the beets have been very popular since they became more widely grown in 2008. “The beets contain a bacterial gene licensed by Monsanto that renders them impervious to glyphosate, an herbicide that Monsanto sells as Roundup. That allows the herbicide to kill weeds without harming the crop.” According to Idaho farmer Duane Grant, industry surveys suggest that 95 percent of this year’s crop is the genetically modified version. Mr. Grant also points out that “easier weed control allowed farmers to reduce tillage, which in turn saved fuel and fertilized and reduced erosion.”
Some growers, processors, and seed companies sought to intervene in the case by were denied by Judge White as the current phase of the lawsuit only considers whether the USDA should have conducted the impact statement. Still, according to Pollack’s reporting, the groups will likely be a part of the remedy round of the case. Beets are responsible for half the nation’s domestic sugar production, with about 10,000 farmers producing the crop.
Apparently, the USDA did do an impact assessment on the beets in 2005 for widespread planting, and the department decided there would be no significant impact. However, Judge White said ‘“potential elimination of farmer’s choice to grow non-genetically engineered crops, or a consumer’s choice to eat non-genetically engineered food’ constituted a significant effect on the environment that necessitated an environmental impact statement.” The Obama administration has conveyed to Judge White that the administration will not take a different position from the one established by the Bush administration.
To read the New York Times’ article on the suit click here.
To read the court decision click here.
Posted: 09/23/09
