Agro Perspectiva

U.S. Supreme Court to Hear Monsanto v. Geertson Seed Farms

28.04.2010 10:25 "Agro Perspectiva" (Kyiv) — The Supreme Court will hear oral arguments today and consider overturning a lower court’s order that prevented farmers from planting Roundup Ready alfalfa since 2007. The case before the Supreme Court is specifically about the injunction against Roundup Ready alfalfa. Monsanto Company (NYSE: MON) and Forage Genetics International (FGI) will argue that the lower court’s ban on planting Roundup Ready alfalfa in May 2007 was inappropriate for several reasons. The plaintiffs in the case have not demonstrated that continued planting of the crop was likely to cause irreparable harm to other alfalfa growers. Additionally, the lower court failed to meaningfully consider USDA’s proposed interim solution that would have allowed continued planting of Roundup Ready alfalfa subject to certain mandatory stewardship measures. «This Supreme Court hearing is about farmers, fairness and choice,» said David F. Snively, Monsanto General Counsel. «Farmers should be able to count on USDA approvals of biotech crops, know that challenges to biotech authorizations must be based on scientific evidence, and have the choice to use this seed technology.» Gregory G. Garre, of Latham & Watkins LLP, Monsanto’s outside counsel, will argue the case before the Supreme Court. He recently served as the 44th Solicitor General of the United States. Mr. Garre has argued 28 cases before the Supreme Court, filed more than 100 merits briefs in cases before the Supreme Court, and served as counsel of record in hundreds of cases before the Court. Monsanto and FGI are not alone in this Supreme Court Case. The briefs filed by the federal government reinforce Monsanto and FGI’s position that the district court erred in fashioning the injunction. Also, five Amici Curiae briefs were submitted by 18 «friends of the court» to protect the farmers who choose to grow genetically-engineered crops, as well as the public benefits that agricultural biotechnology brings to producers and consumers around the world. Supporters of the petition included: American Farm Bureau Federation, Biotechnology Industry Organization, American Seed Trade Association, American Soybean Association, National Alfalfa and Forage Alliance, National Association of Wheat Growers, National Cotton Council and National Potato Council Sugarbeet Growers Association, U. S. Beet Sugar Association and National Corn Growers Association. The Chamber of Commerce of the United States of America, American Petroleum Institute, National Association of Home Builders, and CropLife America The Washington Legal Foundation and Allied Education Foundation The Pacific Legal Foundation Roundup Ready alfalfa successfully completed a food safety review by the Food and Drug Administration (FDA) and was granted non-regulated status by USDA in 2005. A separate review by the Environmental Protection Agency (EPA) found the use of Roundup on the crop to be safe. Prior to the injunction, Roundup Ready alfalfa was planted by approximately 5,500 growers across more than 220,000 acres. Alfalfa is the fourth-largest crop grown in the U.S. with 23 million acres grown in 48 U.S. states annually.