The Volokh Conspiracy - Judge Bars GM Alfalfa Sales:

Yesterday the U.S. District Court for the Northern District of California overturned the USDA's 2005 decision to deregulate "Roundup Ready" alfalfa, barred new sales of seed, and barred any additional planting of already-bought seeds effective March 30. According to the court, the Agriculture Department had failed to conduct an environmental impact statement (EIS) as required under the National Environmental Policy Act (NEPA).

The court's decision does not mean that plaintiffs demonstrated "Roundup Ready" alfalfa necessarily poses any particular environmental threat. All that was required for plaintiffs to prevail under NEPA is that there was a potentially significant environmental impact that the agency failed to consider. Nor does the decision mean that the risks posed by "Roundup Ready" alfalfa outweigh its environmental and consumer benefits. NEPA simply required that the USDA adequately examine this question before making its decision.

The judge will consider whether to make this injunction permanent in April. In the meantime, news coverage of the decision can be found here. Monsanto's press release is here.

	[Jonathan Adler, March 13, 2007 at 8:15am] Trackbacks Judge Bars GM Alfalfa Sales: Yesterday the U.S. District Court for the Northern District of California overturned the USDA's 2005 decision to deregulate "Roundup Ready" alfalfa, barred new sales of seed, and barred any additional planting of already-bought seeds effective March 30. According to the court, the Agriculture Department had failed to conduct an environmental impact statement (EIS) as required under the National Environmental Policy Act (NEPA). The court's decision does not mean that plaintiffs demonstrated "Roundup Ready" alfalfa necessarily poses any particular environmental threat. All that was required for plaintiffs to prevail under NEPA is that there was a potentially significant environmental impact that the agency failed to consider. Nor does the decision mean that the risks posed by "Roundup Ready" alfalfa outweigh its environmental and consumer benefits. NEPA simply required that the USDA adequately examine this question before making its decision. The judge will consider whether to make this injunction permanent in April. In the meantime, news coverage of the decision can be found here. Monsanto's press release is here.