Appeals Court Binds Monsanto to Promise Not to Sue Organic Farmers
A three-judge panel at the Court of Appeals for the Federal Circuit ruled yesterday that a group of organic and otherwise non-genetically modified organism (GMO) farmer and seed company plaintiffs are not entitled to bring a lawsuit to protect themselves from Monsanto's transgenic seed patents "because Monsanto has made binding assurances that it will not 'take legal action against growers whose crops might inadvertently contain traces of Monsanto biotech genes (because, for example, some transgenic seed or pollen blew onto the grower's land).'"
In the ruling issued yesterday in the case Organic Seed Growers and Trade Association (OSGATA) et al. v. Monsanto, the Court of Appeals judges affirmed the Southern District of New York's previous decision that the plaintiffs did not present a sufficient controversy to warrant adjudication by the courts. However, it did so only because Monsanto made repeated commitments during the lawsuit to not sue farmers with "trace amounts" of contamination of crops containing their patented genes.
Plaintiffs' attorney, Dan Ravicher of the Public Patent Foundation (PUBPAT), views the decision as a partial victory. "Before this suit, the Organic Seed plaintiffs were forced to take expensive precautions and avoid full use of their land in order to not be falsely accused of patent infringement by Monsanto," said Ravicher. "The decision today means that the farmers did have the right to bring the suit to protect themselves, but now that Monsanto has bound itself to not suing the plaintiffs, the Court of Appeals believes the suit should not move forward."
The plaintiff farmers and seed companies began their legal battle in March of 2011, when they filed a complaint against agricultural giant Monsanto asking for a declaration that Monsanto's patents on genetically engineered seed were invalid or unenforceable. The plaintiffs were compelled to file the suit because Monsanto's patented seed can contaminate neighboring fields through various means including wind and insects, and the owners of those fields, such as plaintiffs, can then be sued by Monsanto for patent infringement.
The Organic Seed plaintiffs' complaint detailed Monsanto's abusive business and litigation tactics that have put several farmers and independent seed companies out of business. They also detailed Monsanto's history of ruthless patent enforcement, going so far as investigating as many as 500 farmers each year for patent infringement by trespassing onto their land. The plaintiffs further detailed the harms caused to society by Monsanto's GMO seed, including the proliferation of herbicide-resistant "superweeds" and environmental pollution. The plaintiffs set forth in their legal filings how the patents were legally deficient in several ways including that the covered technology has no beneficial social use and that the dozens of patents issued to Monsanto have illegally extended and entrenched its monopoly.
"Even though we're disappointed with the Court's ruling not to hear our case, we're encouraged by the court's determination that Monsanto does not have the right to sue farmers for trace contamination," said Maine organic seed farmer Jim Gerritsen, president of lead plaintiff OSGATA. "However, the farmers went to court seeking justice not only about contamination, but also the larger question of the validity of Monsanto's patents. Justice has not been served."
While the court is relying on Monsanto's promise not to sue farmers for unintentional contamination, a growing number of America's farmers and consumers are concerned about genetic contamination of our food supply by Monsanto's transgenic crops. While this lawsuit seeks to protect contaminated farmers from being accused of infringing Monsanto's patents, the decision today allows farmers who are contaminated to sue Monsanto and Monsanto's customers for the harm caused by that contamination without fear of a retaliation patent infringement claim against them by Monsanto.
"Today's ruling may give farmers a toehold in courts regarding the unwanted contamination of their crops, but it does not protect our food supply from the continued proliferation of Monsanto's flawed technology," said Dave Murphy, founder and executive director of Food Democracy Now!, a co-plaintiff in the lawsuit. "The real threat of continued contamination of our nation's food supply was only highlighted last week when Monsanto's unapproved GMO wheat was discovered in an Oregon farmer's field more than 10 years after it was legally planted in that state."
The discovery of GMO contamination sent shockwaves through the Western wheat growers community and resulted in Japan and South Korea temporarily halting the acceptance of American wheat imports.
Despite the Court of Appeals' Decision today the plaintiffs still have the right to ask the Supreme Court to review the Court of Appeals decision and ultimately reinstate the case. Ravicher said the plaintiffs are considering doing so. Complete background on the full lawsuit is available on the OSGATA website.
Visit EcoWatch’s GENETICALLY ENGINEERED FOODS page for more related news on this topic.
By Governor Jay Inslee
Climate Week this year coincides with clear skies in Washington state for the first time in almost two weeks.
In just a few days in early September, Washington state saw enough acres burned – more than 600,000 – to reach our second-worst fire season on record. Our worst fire season came only five years ago. Wildfires aren't new to the west, but their scope and danger today is unlike anything firefighters have seen. People up and down the West Coast – young and old, in rural areas and in cities – were choking on smoke for days on end, trapped in their homes.
Fires like these are becoming the norm, not the exception.
EcoWatch Daily Newsletter
By Bill McKibben
To understand the planetary importance of this autumn's presidential election, check the calendar. Voting ends on November 3—and by a fluke of timing, on the morning of November 4 the United States is scheduled to pull out of the Paris Agreement.
President Trump announced that we would abrogate our Paris commitments during a Rose Garden speech in 2017. But under the terms of the accords, it takes three years to formalize the withdrawal. So on Election Day it won't be just Americans watching: The people of the world will see whether the country that has poured more carbon into the atmosphere than any other over the course of history will become the only country that refuses to cooperate in the one international effort to do something about the climate crisis.
By Oliver Milman
The climate crisis is set to be a significant factor in a U.S. presidential election for the first time, with new polling showing a clear majority of American voters want decisive action to deal with the threats posed by global heating.
Do you support or oppose each of the following policies as part of the recovery from the coronavirus pandemic?<img lazy-loadable="true" src="https://assets.rebelmouse.io/eyJhbGciOiJIUzI1NiIsInR5cCI6IkpXVCJ9.eyJpbWFnZSI6Imh0dHBzOi8vYXNzZXRzLnJibC5tcy8yNDQzODcyMC9vcmlnaW4ucG5nIiwiZXhwaXJlc19hdCI6MTYxNjg4MzY4OX0.B-bt9mltOhK0MHFbzK8G3_8sBkDAeUsAWm-AhNZYoxQ/img.png?width=980" id="acd43" class="rm-shortcode" data-rm-shortcode-id="8724178274b9f96e27055f74a1bafe20" data-rm-shortcode-name="rebelmouse-image" />
America's largest national forest, Tongass National Forest in Alaska, will be opened up to logging and road construction after the Trump administration finalizes its plans to open up the forest on Friday, according to The New York Times.
Aerial view of the Tongass National Forest. Alan Wu / Flickr / CC BY-SA 2.0
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By Ruby Russell and Ajit Niranjan
Hamstrung by coronavirus lockdowns, frustrated school strikers have spent months staging digital protests against world leaders failing to act urgently on climate change.
Pandemic Stalls Protests<p>Last November, the head of the UN Environment Program was among the public and scientific figures to warn that 2020 offered a last chance to cut emissions. Then, few could have suspected this deadline would coincide with an unprecedented public health emergency.</p><p>The pandemic has <a href="https://www.dw.com/en/tough-times-ahead-for-climate-protesters-during-corona-pandemic/a-52978469" target="_blank">dealt climate activism a blow</a>. Niedeggen says that as a movement demanding that the world act on scientific advice, the school strikers took lockdown restrictions extremely seriously, halted public protests immediately and took their activism online.</p><p>On April 24, Fridays for Future organized a "digital strike," with Niedeggen hosting a that racked up close to a quarter of a million views. "We were not physically standing together, but we were all fighting together," she says.</p><p><a href="https://www.dw.com/en/climate-strikers-get-inventive-during-the-covid-19-crisis-fridays-for-future/a-53229262" target="_blank" rel="noopener noreferrer">Activists also gathered thousands of placards</a> from across Germany to lay out in front of the German Bundestag around the central slogan: "Fight every crisis."</p>
Opportunity for a New Normal<p>Last September's Global Climate Strike drew young and old protestors around the world, with organizers estimating a global turnout of 7.6 million, including an estimated 270,000 people in Berlin. Activists have adjusted this year's event to account for social distancing and different levels of coronavirus restrictions in cities taking part.</p><p>They say COVID-19 also presents opportunities.</p><p>"The pandemic shows that we can change our normal daily life, and we are very able to adjust to a situation of crisis," she says. The key question is how economies get back on their feet: "We have the possibility to build a new normal, to build a renewable world order, and an environmentally just, climate-just normal for everybody."</p><p>In July, Jeng was among 20 female Fridays for Future activists from the Global South to sign an open letter to G20 finance ministers warning that their decisions in "exclusive backrooms" over stimulus packages and corporate bailouts would "lock in development pathways for decades."</p><p>"The system is not broken, it was built to be unjust. We don't need recovery, we need a reboot," the letter reads, stressing that "black people, indigenous peoples and people of color," have been disproportionately hit by the economic, climate and coronavirus crises. </p>
Policy 'Not Quite There Yet'<p>Figures on stimulus spending do not suggest their words had much impact. The ministers were criticized for failing to relieve the debt of poorer countries, and according to <a href="https://www.energypolicytracker.org/region/g20/" target="_blank" rel="noopener noreferrer">Energy Policy Tracker</a>, G20 countries by August had pledged $169 billion (142 billion euros) to fossil fuels since the beginning of the pandemic.</p><p>Katrin Uba, associate professor of political science at Uppsala University in Sweden, is researching Fridays for Future. She says that despite the movement raising awareness and gaining access to policymakers, real policy change "is not there yet."</p><p>Still, she stresses that social movements go through waves of mobilization as public attention on their core issues ebbs and flows. And perhaps one of Fridays for Future's biggest achievements is birthing a politically active generation that will keep the fight up long after corona becomes a memory. </p><p>"We know clearly from our research that many of the people who came to the streets hadn't done any protesting before in their lives," she told DW. "And we also know that if you do one protest, you are likely to do more."</p>
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