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05/07/07 - Judge Declares GE Alfalfa Illegal - First-Ever Halting of a Commercialized GE Crop

Excerpted from press release May 5, 2007
http://www.centerforfoodsafety.org/AlfalfaFinalInjPR5_3_07.cfm

A Federal judge on May 4 made a final ruling that the U.S. Department of Agriculture's (USDA's) 2005 approval of Monsanto's genetically engineered (GE) "Roundup Ready" alfalfa was illegal. The Judge called on USDA to ban any further planting of the GE seed until it conducts a complete Environmental Impact Statement (EIS) on the GE crop. The Judge also ordered USDA to make the location of these plots "publicly available as soon as practicable" so that growers of organic and conventional alfalfa "can test their own crops to determine if there has been contamination."

The decision is consistent with Judge Breyer's ruling of February 13th, in which the judge found that the USDA failed to address concerns that Roundup Ready alfalfa will contaminate conventional and organic alfalfa. In calling for a permanent injunction, Judge Breyer noted that contamination of natural and organic alfalfa by the GE variety has already occurred, and noted that "Such contamination is irreparable environmental harm. The contamination cannot be undone."

Judge Breyer found that USDA failed to address the problem of Roundup-resistant "superweeds" that could follow commercial planting of GE alfalfa. Commenting on the agency's refusal to assess this risk, the judge stated, "Finally, the court rejects defendants' assertion that allowing an expansion in the Roundup Ready alfalfa market is in the public interest because it promotes the use of less toxic herbicides. The record reflects that organic and most conventional forage alfalfa is grown without the use of any herbicides. In any event, a finding that increasing the use of Roundup is in the public interest is premature in light of APHIS's failure to analyze the potential for the development of Roundup-resistant weeds."

For more information, please visit www.centerforfoodsafety.org or www.cornucopia.org