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Ex Monsanto Lawyer Clarence Thomas to Hear Major Monsanto Case

by: dsnodgrass

Tue Mar 09, 2010 at 09:19:13 AM PST


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( - promoted by Jill Richardson)

In Monsanto v. Geertson Seed Farms, No. 09-475, the U.S. Supreme Court will hear arguments in a case which could have an enormous effect on the future of the American food industry. This is Monsanto's third appeal of the case, and if they win a favorable ruling from the high court, a deregulated Monsanto may find itself in position to corner the markets of numerous U.S. crops, and to litigate conventional farmers into oblivion.

Here's where it gets a bit dicier. Two Supreme Court justices have what appear to be direct conflicts of interest.

Stephen Breyer

Charles Breyer, the judge who ruled in the original decision of 2007 which is being appealed, is Stephen Breyer's brother, who apparently views this as a conflict of interest and has recused himself.

Clarence Thomas

From the years 1976 - 1979, Thomas worked as an attorney for Monsanto. Thomas apparently does not see this as a conflict of interest and has not recused himself.

Fox, meet henhouse.

 

dsnodgrass :: Ex Monsanto Lawyer Clarence Thomas to Hear Major Monsanto Case

The lawsuit was filed by plantiffs which include the Center for Food Safety, the National Family Farm Coalition, Sierra Club, Dakota Resources Council and other farm, environmental and consumer groups and individual farmers. The original decision:

 

The federal district court in California issued its opinion on the deregulation of “Roundup Ready” alfalfa pursuant to the Plant Protection Act on February 13, 2007.   Upon receiving Monsanto’s petition for deregulation of the alfalfa seed, APHIS conducted an Environmental Assessment and received over 500 comments in opposition to the deregulation.  The opposition’s primary concern was the potential of contamination.  APHIS, however, made a Finding of No Significant Impact (FONSI) and approved the deregulation petition, thereby allowing the seed to be sold without USDA oversight.  Geertson Seed Farms, joined by a number of growers and associations, filed claims under the National Environmental Policy Act (NEPA)  as well as the Endangered Species Act and Plant Protection Act.  In regards to NEPA, they argued that the agency should have prepared an EIS for the deregulation.

Addressing only the NEPA claims, the court agreed that APHIS should have conducted an EIS because of the significant environmental impact posed by deregulation of the alfalfa seed.  A realistic potential for contamination existed, said the court, but the agency had not fully inquired into the extent of this potential.  The court also determined that APHIS did not adequately examine the potential effects of Roundup Ready alfalfa on organic farming and the development of glyphosate-resistant weeds and that there were “substantial questions” raised by the deregulation petition that the agency should have addressed in an EIS.  Concluding that the question of whether the introduction of the genetically engineered alfalfa and its potential to affect non-genetic alfalfa posed a significant environmental impact necessitated further study, the court found that APHIS’s decision was “arbitrary and capricious” and ordered the agency to prepare an EIS.  The court later enjoined the planting of Roundup Ready alfalfa from March 30, 2007, until completion of the EIS and reconsideration of the deregulation petition, except for those farmers who had already purchased the seed.  In May of 2007, the court enjoined any future planting of the alfalfa.  An order by the court in June, 2007 required disclosure of all Roundup Ready planting sites.

Monsanto filed appeals in 2008 and 2009. In both instances, they were unsuccessful in having the original decision reversed, so they appealed to the Supreme Court, who agreed to hear the case. 

Alfalfa is the fourth most widely grown crop in the United States, behind corn, soybeans, and wheat.

South Dakota alfalfa farmer Pat Trask, one of the plaintiffs, said Monsanto's biotech alfalfa would ruin his conventional alfalfa seed business because it was certain his 9,000 acres would be contaminated by the biotech genes.

Alfalfa is very easily cross-pollinated by bees and by wind. The plant is also perennial, meaning GMO plants could live on for years.

"The way this spreads so far and wide, it will eliminate the conventional alfalfa industry," said Trask. "Monsanto will own the entire alfalfa industry."

Monsanto has a policy of filing lawsuits or taking other legal actions against farmers who harvest crops that show the presence of the company's patented gene technology. It has sued farmers even when they have tried to keep their own fields free from contamination by biotech plants on neighbouring farms.

The case has implications beyond alfalfa crops. About eight hundred reviewed genetically engineered food applications were submitted to the USDA, yet no environmental impact statements were prepared. Even as this diary is being written, a federal judge in San Francisco is reviewing a similar case involving genetically modified sugar beets. The decision is expected this week and could halt planting and use of the gm sugar beets, which account for half of America's sugar supply.

Back to the Supreme Court case, oral argument is slated to begin on April 27, 2010. With Breyer recused and Thomas opting not to recuse, the bench appears to be heavily tilted to Monsanto.

Once more with feeling. Fox, meet henhouse.

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Gah! (4.00 / 6)
This seems wrong. It shouldn't be up to the justices themselves ONLY when to recuse themselves. That implies that they are all totally principled, 100% honest people. And Thomas is not. Someone should be able to MAKE him recuse himself. Although I don't think his previous work w Monsanto makes him any better or worse on this one. He's a reliable bad vote no matter what, on any issue. It is not like he'd give us a good vote on this if he didn't have that conflict of interest or something.

"I can understand someone from Iowa promoting corn and soy, but we are not feeding the world, we are feeding animals and soft drink companies." - Jim Goodman

Agreed Jill. (4.00 / 4)
He's a reliable vote to the contrary of what we're hoping for, and with the absence of Breyer, that makes what I assume to be a 2 vote deficit, so I'm pretty confident of how this will turn out. I'm a realist.

My greatest concern in all of this is the effect this will have in Monsanto being more free to squeeze out independent farmers. I grew up in a small midwestern town where the industry was all small farm based (mostly wheat), and I watched as policy had the effect, beginning in the 80's, of causing farmers to lose homes and land which had been in their families for generations, and what kind of hell that led to.

What I'm looking for are unique approaches to save indie farmers.


[ Parent ]
"feature not a bug" (4.00 / 2)
thats not just the effect, thats the PURPOSE.
they consider this a feature, not a bug.

[ Parent ]
Good to see you covering this GM Alfalfa problem and its impact on organic (4.00 / 3)
.... dairy farming, which does not allow the use of GM feeds.

Did you know they use sugar beet pulp, the fiber byproduct of sugar beet processing, in pet foods as well as horse and cattle feeds ? (probably, since we've had this conversation before : )  )    Beet pulp, soaked by the consumer so it absorbs water, is a major staple for elderly horses who don't chew as well but also is used for foal feed -  I have raised an orphan on mash made of soaked beet pulp mixed with dry formula foal milk replacer and soaked alfalfa leaves and corn oil (the vet's idea) when he would not take to drinking formula.

I did a piece on this Monsanto GM Alfalfa back in February, also.  I honestly don't know what the admin could possibly be thinking, except that this would make Monsanto very happy to be able to produce seed stocks in China more cheaply to be sold here and abroad, because that way they could spray it for more weed control.

here is part of my comment in the diary about that, where I quoted off a University page on afalfa growing www.fao.org
http://www.docudharma.com/show...


Presently, alfalfa seed is an important commercial crop in six western US states, with an annual value of over $US 80,000,000 in farmer receipts.

The alfalfa seed industry has grown dramatically in the last 50 years. Alfalfa seed production increased, and there were other significant changes since the 1970's. University and federal research programmes developed disease and insect resistant varieties, improved production methods in irrigation and soil fertility, better pest management, and pollinators. Today, new US alfalfa varieties are developed almost exclusively (over 99 percent ) by private companies. Most of these companies are "vertically integrated" - they have in-house programmes for variety development, seed-stock (Breeder and Foundation seed) production, seed contracts with farmers, conditioning plants to clean and package seed, and employees or dealers for retail sales.

here is the diary link and the opening paragraphs
Monsanto Threatening Organic Alfalfa- Tell the USDA STOP IT NOW
http://www.docudharma.com/diar...


Why America's Cows Need Your Voice at the USDA by Feb 16 To Stop GMO Alfalfa !
High quality, high protein Alfalfa is one of the primary food sources for dairy cows, especially in winter, with cows eating about 50 lbs or more of dry feed per day, or about 3% of their body weight of around 1500 lbs.  In return for munching all that feed, and drinking lots of water, (25 to 50 gallons)  a dairy cow can produce anywhere from 5 to 8 gallons of milk per day, depending where she is in her lactation cycle, about 56 lbs a day, or over 2,300 gallons a year or 19,825 lbs per year. (A cow's production is typically measured in hundredweights, or units of a hundred lbs of milk, about 12.5 gallons.)

Organic dairy farming has seen tremendous growth in the last decade, with the number of organic dairy farms increasing by 79% from 2002 to 2007.  Ag land used for organic production on those dairy farms increased by 83% over the same time. Organic milk and cheese is becoming more and more popular, especially for people and children with allergies and auto immune conditions who can't tolerate regular milk.  The 3 states with the highest number of dairy farms are Wisconsin, New York, and Vermont.  The price of milk production per hundredweight for those three states for organic dairies was about $29, $32, and $34 dollars cwt for the year 2009.  Prices, alas, for organic milk haven't been keeping up, neither has it been for conventional milk in the past year, and dairy farms are losing money. http://www.cattlenetwork.com/D...

Now, Monsanto threatens to put the nail in the coffin, by deliberately contaminating their feed supply with GMO Alfalfa, destroying the ability of organic dairy farmers to provide non GMO food for their herds.
http://www.cornucopia.org/2010...

This is just crazy to have the Supreme Court willing to ruin the organic dairy industry in this country.  Aside from the consumers really don't want this (as shown by their resistance to consuming GM foods when given the choice ) there really is a difference for the animals when they eat different foods because the milk they produce is different-  because organic farmers have to treat their animals better to keep them healthier.  

But the biggest issue is who and what controls the seed stock industry in the United States and how much do farmers have to pay, how often, to get seeds. Given Monsanto's odious history, what is to stop them from suing other farmers if the pollen doesn't stay where it should ?  How can we the consumer be assured that a foreign country can give us untainted seed ?

(another GMO issue, which Monsanto is working around by having subsidiaries do the research in China,  is the possible contamination of rice by introducing barley genes into it, to make it more drought tolerant -  which could possibly ruin its non allergenic status-  A DISASTER for many in the world who can't tolerate the triticum family of wheat, rye, and barley proteins -  this is being studied and done now. )  Please keep your eye out for more of these seed stories.  


Grim reaper? (0.00 / 0)
Who is pictured in that photograph? Is that a Supreme Court Justice, or the Grim Reaper?

OK, I know... (0.00 / 0)
it's one of those guys who is known by two first names.

[ Parent ]
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