Quantcast
Environmental News for a Healthier Planet and Life

Help Support EcoWatch

Australian Supreme Court Rules Against Organic Farmer in GE Contamination Suit

Food
Australian Supreme Court Rules Against Organic Farmer in GE Contamination Suit

The global fight to establish better protections from genetic contamination caused by genetically engineered (GE) crops suffered a legal setback in Australia this week. A ruling of the Supreme Court of Western Australia found that farmer Steve Marsh could not seek compensation after losing his organic certification as a result of a neighbor’s GE crops contaminating his organic wheat crops.

Steve Marsh took his neighbor Michael Baxter, a GE canola seed farmer, to court after loosing his organic certification from contamination of his crops by Baxter's Monsanto Roundup Ready canola seeds.
Photo courtesy of Shutterstock

Marsh filed the lawsuit against Michael Baxter, a neighboring GE canola seed farmer, alleging that he had suffered economic damage because of his organic decertification. The decertification had been brought on by the confirmed presence of GE canola plants and seeds on his property and Australia’s zero-tolerance organic standard concerning GE contamination on organic lands. Baxter began farming GE canola just a few years before and was the likely source of the contamination.

Argued before the court earlier this year, the litigants as well as environmental and organic advocates across the globe had anxiously awaited the court’s decision. Supporters of the suit hoped it might advance much-needed protections against the economically devastating and oft uncontrolled invasion of GE crops on organic and non-GE lands. Opponents of the suit claim it would have burdened GE farmers with more rules and potentially restricted the amount of crops a farmer could plant.

Organic farmers and consumers did not receive the ruling that is needed to protect the viability of organic production systems. Instead of reinforcing the Australian organic zero-GE-tolerance standard and shifting the burden to GE farmers and the makers of GE crops, like Monsanto, to protect against the pollution their products create or pay the price, the court ruled that no physical harm had been shown and the burden rested on the plaintiff to clean up the GE-mess to reinstate his certification.

Justice Martin also added in his judgment that decertification of Marsh’s Eagle Rest farm appeared to be a “gross overreaction” by Australia’s organic certification body, observed Reuters journalists.

In the U.S. and under U.S. Department of Agriculture (USDA) organic certification standards, GE crops and their byproducts are prohibited. However, unlike Australia, USDA organic regulators take a process-based approach to GE contamination and, while organic farmers are expected to protect their farms without real guidance or established efficacy, there are currently no established contamination or allowable threshold standards. 

And the fight has not limited itself to the defensive. To add insult to injury, farmers who have not purchased GE seeds and find them on their land face potential litigation from the seed producers for patent infringement. One case, Organic Seed Growers and Trade Association et al. v. Monsanto, sought to protect non-GE and organic farmers from this absurd abuse of power and to establish protections against Monsanto, one of the world’s primary producer of GE seeds and aggressive GE patent-infringement litigant. (According to Reuters, between 1997 and 2010 the agrichemical giant filed 144 patent-infringement lawsuits against farmers that it said made use of its seed without paying royalties.) While this case garnered Monsanto assurances to not pursue patent infringement cases where trace amounts of its GE crops or seed were discovered, the results failed to achieve any meaningful protections.

The uncertainty of the courts willingness to protect non-GE and organic farmers, both at home and abroad, has not overshadowed recent successes outside of the courts, in the form of county bans on GE crops and GE labeling bills.

--------

YOU MIGHT ALSO LIKE

How Organic Farming Can Reverse Climate Change

Survey Shows Organic Farmers Pay the Price for GMO Contamination

Organic Farmer Taken to Court for Refusing to Spray Pesticides

--------

EcoWatch Daily Newsletter

Visible satellite image of Tropical Storm Kyle and Tropical Storm Josephine as of 9:10 a.m. EDT Saturday, August 15, 2020. RAMMB / CIRA / Colorado State University

By Jeff Masters, Ph.D.

The record-busy 2020 Atlantic hurricane season brought another addition to its bevy of early-season storms at 5 p.m. EDT August 14, when Tropical Storm Kyle formed off the coast of Maryland.

Read More Show Less
The Ocean Cleanup

By Ute Eberle

In May 2017, shells started washing up along the Ligurian coast in Italy. They were small and purple and belonged to a snail called Janthina pallida that is rarely seen on land. But the snails kept coming — so many that entire stretches of the beach turned pastel.

Read More Show Less
Feeding an orphaned bear. Tom MacKenzie / USFWS

By Hope Dickens

Molly Craig's day begins with feeding hungry baby birds at 6 a.m. The birds need to be fed every 15 minutes until 7 at night. If she's not feeding them, other staff at the Fox Valley Wildlife Center in Elburn, Illinois take turns helping the hungry orphans.

Read More Show Less
Pexels

By Douglas Broom

"Forests are the lungs of our land, purifying the air and giving fresh strength to our people," said former U.S. president, Franklin Roosevelt.

Read More Show Less
A bald eagle flies over Lake Michigan. KURJANPHOTO / iStock / Getty Images Plus

A Michigan bald eagle proved that nature can still triumph over machines when it attacked and drowned a nearly $1,000 government drone.

Read More Show Less
The peloton ride passes through fire-ravaged Fox Creek Road in Adelaide Hills, South Australia, during the Tour Down Under cycling event on January 23, 2020. Brenton Edwards / AFP / Getty Images

A professional cycling race in Australia is under attack for its connections to a major oil and gas producer, the Guardian reports.

Read More Show Less

Trending

UQ study lead Francisca Ribeiro inspects oysters. The study of five different seafoods revealed plastic in every sample. University of Queensland

A new study of five different kinds of seafood revealed traces of plastic in every sample tested.

Read More Show Less