Quantcast
Environmental News for a Healthier Planet and Life

Organic Farmers vs. Monsanto: Final Appeal to U.S. Supreme Court to Protect Crops from GMO Contamination

Food

Last week, the Public Patent Foundation filed a brief with the U.S. Supreme Court in the landmark case, Organic Seed Growers and Trade Association (OSGATA) et al v. Monsanto, in the hopes that the highest court in the land would hear and reinstate the case of 73 American organic and conventional family farmers, seed businesses and public advocacy groups that seek protection for America's farmers from Monsanto's frivolous patent infringement lawsuits, and their promiscuous genetically engineered pollen while also seeking to invalidate the patents on 23 of Monsanto's genetically modified organisms (GMO) crops.

Jim Gerritsen, an organic seed farmer on Wood Prairie Farm in Maine and president of lead plaintiff Organic Seed Growers and Trade Association, has spent the past 37 years of his life protecting and maintaining the integrity of his seed stock to provide clean, wholesome food to his customers.

Earlier this month, Monsanto filed an opposition brief with the Supreme Court in a last ditch effort to deny a group of American family farmers and seed growers justice in their efforts to protect their farms and the integrity of their crops.

"In opposing our request that the Supreme Court take, and then reinstate, our case, Monsanto makes the same lame and untrue assertions that it made before," said Daniel Ravicher, executive director of the Public Patent Foundation (PUBPAT) and lead counsel to the plaintiffs in OSGATA et al v. Monsanto. "In our reply brief filed with the Supreme Court we point out precisely why Monsanto is wrong and that the case should be allowed to proceed," claimed Ravicher.

On June 10, a three-judge panel at the Court of Appeals for the Federal Circuit in Washington, D.C., issued a bizarre ruling that 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" as stated anonymously on the company's website.

Farmers find this ruling inconclusive and  insufficient to protect their future economic interests since the Court of Appeals readily admitted that contamination from Monsanto's genetically engineered crops is "inevitable."

This Appellate Court ruling importantly validated that farmers do have a legitimate fear of contamination, something that the court and Monsanto's own attorney, former Solicitor General Seth Waxman, admitted in court during oral arguments.

Despite dismissing the farmers' and seed growers' case, the Court of Appeals ruling found the likelihood of contamination significant enough to order by estoppel that Monsanto make good on its promise not to sue farmers that are "inadvertently contaminated with up to one percent of seeds carrying Monsanto's patented traits." 

"As a seed grower, who has spent the past 37 years of my life protecting and maintaining the integrity of my seed stock to provide clean, wholesome food to my customers, I find it unconscionable that Monsanto can contaminate mine or my neighbors' crops and not only get away with it, but potentially sue us for patent infringement," said Jim Gerritsen, an organic seed farmer on Wood Prairie Farm in Maine and president of lead Plaintiff OSGATA. "The appeals court ruling fails to protect my family and our farm and has only complicated matters,"said Gerritsen.

Because of the insidious nature of GMO contamination and the fact that pollen naturally blows or migrates to neighboring fields, contamination of farmers' fields above one percent is both predictable and unavoidable. 

Already, reports of contamination across North America exceeding one percent have led an increasing number of farmers to incur considerable costs in testing their crops and seed supply for transgenic contamination or actually forgo planting of certain crops in order to maintain seed purity.

Significant contamination events happened in the U.S. this year alone, with an unapproved experimental variety of Monsanto's GMO wheat discovered in a farmer's field inOregon this past May. According to the U.S. Department of Agriculture (USDA), the illegal GMO wheat had been field-tested between 1998 through 2005, but never approved by the USDA. Its discovery sent shockwaves through international markets and caused Japan and South Korea to halt shipments of U.S. wheat for more than a month.

A similar event occurred in September when a Washington state farmer reported that his hay was rejected for export because it tested positive for contamination from Monsanto's genetically engineered alfalfa.

"For farmers, recent events in Washington and Oregon make clear that the damages of contamination are far-reaching in their impacts on farmers' economic survival, can be permanent and irreversible in their harm to our food supply and only can be properly redressed by a favorable ruling from the Supreme Court," said Dave Murphy, founder and executive director of Food Democracy Now!, a grassroots advocacy group based in Iowa and a plaintiff in the case.

"It's time to end Monsanto's campaign of fear against America's farmers and stand up for farmers' right to grow our food without legal threats and intimidation. America must no longer allow Monsanto to contaminate our food supply and destroy the livelihoods of farmers. Farmers deserve protection from these abuses," said Murphy.

Farmers expect to hear whether or not the U.S Supreme Court will hear their case next year and eagerly await their day in court.

Visit EcoWatch’s GE FOOD page for more related news on this topic.

EcoWatch Daily Newsletter

Moroccan patients who recovered from the novel coronavirus disease celebrate with medical staff as they leave the hospital in Sale, Morocco, on April 3, 2020. AFP / Getty Images

By Tom Duszynski

The coronavirus is certainly scary, but despite the constant reporting on total cases and a climbing death toll, the reality is that the vast majority of people who come down with COVID-19 survive it. Just as the number of cases grows, so does another number: those who have recovered.

In mid-March, the number of patients in the U.S. who had officially recovered from the virus was close to zero. That number is now in the tens of thousands and is climbing every day. But recovering from COVID-19 is more complicated than simply feeling better. Recovery involves biology, epidemiology and a little bit of bureaucracy too.

Read More Show Less
Reef scene with crinoid and fish in the Great Barrier Reef, Australia. Reinhard Dirscherl / ullstein bild / Getty Images

By Elizabeth Claire Alberts

The future for the world's oceans often looks grim. Fisheries are set to collapse by 2048, according to one study, and 8 million tons of plastic pollute the ocean every year, causing considerable damage to delicate marine ecosystems. Yet a new study in Nature offers an alternative, and more optimistic view on the ocean's future: it asserts that the entire marine environment could be substantially rebuilt by 2050, if humanity is able to step up to the challenge.

Read More Show Less
Sponsored
A daughter touches her father's head while saying goodbye as medics prepare to transport him to Stamford Hospital on April 02, 2020 in Stamford, Connecticut. He had multiple COVID-19 symptoms. John Moore / Getty Images

Across the country, the novel coronavirus is severely affecting black people at much higher rates than whites, according to data released by several states, as The New York Times reported.

Read More Show Less
Four rolls of sourdough bread are arranged on a surface. Photo by Laura Chase de Formigny and food styling by Lisa Cherkasky for The Washington Post / Getty Images

By Zulfikar Abbany

Bread has been a source of basic nutrition for centuries, the holy trinity being wheat, maize and rice. It has also been the reason for a lot of innovation in science and technology, from millstones to microbiological investigations into a family of single-cell fungi called Saccharomyces.

Read More Show Less

Trending

A coral reef in Egypt's Red Sea. Tropical ocean ecosystems could see sudden biodiversity losses this decade if emissions are not reduced. Georgette Douwma / Stone / Getty Images

The biodiversity loss caused by the climate crisis will be sudden and swift, and could begin before 2030.

Read More Show Less