On June 21, 2010, in a 7-1 decision, the Supreme Court overturned an overly broad injunction issued by the Federal District Court for the Northern District of California, which prohibited any partial deregulation of genetically modified Roundup Ready® alfalfa and also prohibited planting of the crop pending completion of an environmental impact statement by USDA Animal and Plant Health Inspection Service (APHIS).
The Supreme Court’s decision was considered a victory for agribusiness seed giant Monsanto in removing one significant obstacle to its sale of genetically modified seed. However, Roundup Ready alfalfa currently remains a regulated crop that cannot be planted or sold. It is now up to the USDA to complete its environmental impact study and issue an official statement disclosing the environmental effects and alternatives to the release of the genetically modified alfalfa. Since USDA has already tentatively concluded that the GMO alfalfa “will not result in significant impacts to the human environment,” the impact assessment is expected to be finalized by the Spring 2011 planting season.
While the decision appears limited to a narrow procedural issue on the breadth of injunction, it is significant in several respects. The decision opens the door to partial deregulation by APHIS prior to the completion of the USDA’s environmental impact statement. The decision could also impact ongoing litigation concerning deregulation of genetically modified sugar beets. Stay tuned for more developments at the lower court. For a copy of the opinion, go to: http://www.supremecourt.gov/opinions/09pdf/09-475.pdf