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Organic Farmers vs. Monsanto: Final Appeal to U.S. Supreme Court to Protect Crops from GMO Contamination
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.
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
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.
How does your body fight off COVID-19?<p>Once a person is exposed the coronavirus, the body starts producing <a href="https://www.mblintl.com/products/what-are-antibodies-mbli/" target="_blank">proteins called antibodies to fight the infection</a>. As these <a href="https://www.statnews.com/2020/03/27/serological-tests-reveal-immune-coronavirus/" target="_blank">antibodies start to successfully contain the virus</a> and keep it from replicating in the body, symptoms usually begin to lessen and you start to feel better. Eventually, if all goes well, your immune system will completely destroy all of the virus in your system. A person who was infected with and survived a virus with no long-term health effects or disabilities has "recovered."</p><p>On average, a person who is infected with SARS-CoV-2 will feel ill for about seven days from the onset of symptoms. Even after symptoms disappear, there still may be small amounts of the virus in a patient's system, and they should stay <a href="https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/steps-when-sick.html" target="_blank">isolated for an additional three days</a> to ensure they have truly <a href="https://health.usnews.com/conditions/articles/coronavirus-recovery-what-to-know" target="_blank">recovered and are no longer infectious</a>.</p>
What about immunity?<p>In general, once you have recovered from a viral infection, your body will keep cells called lymphocytes in your system. These cells "remember" viruses they've previously seen and can react quickly to fight them off again. If you are exposed to a virus you have already had, your antibodies will likely stop the virus before it starts causing symptoms. <a href="https://dx.doi.org/10.5114%2Fceji.2018.77390" target="_blank">You become immune</a>. This is the <a href="https://www.ncbi.nlm.nih.gov/books/NBK27158/" target="_blank">principle behind many vaccines</a>.</p><p>Unfortunately, immunity isn't perfect. For many viruses, like mumps, immunity can wane over time, leaving you <a href="https://www.sciencedaily.com/releases/2016/04/160421145747.htm" target="_blank">susceptible to the virus in the future</a>. This is why you need to get revaccinated – those "booster shots" – occasionally: to prompt your immune system to make more antibodies and memory cells.</p><p>Since this coronavirus is so new, scientists still don't know whether people who recover from COVID-19 are <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/faq.html" target="_blank">immune to future infections of the virus</a>. Doctors are finding antibodies in ill and recovered patients, and <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/clinical-guidance-management-patients.html" target="_blank">that indicates the development of immunity</a>. But the question remains how long that immunity will last. Other coronaviruses like <a href="https://doi.org/10.1002/jmv.25685" target="_blank">SARS and MERS produce an immune response</a> that will protect a person at least for a short time. I would suspect the same is true of SARS-CoV-2, but the research simply hasn't been done yet to say so definitively.</p>
Why have so few people officially recovered in the US?<p>This is a dangerous virus, so the Centers for Disease Control and Prevention is being extremely careful when deciding what it means to recover from COVID-19. Both medical and testing criteria must be met before a person is <a href="https://www.cdc.gov/coronavirus/2019-ncov/hcp/disposition-in-home-patients.html" target="_blank">officially declared recovered</a>.</p><p>Medically, a person must be fever-free without fever-reducing medications for three consecutive days. They must show an improvement in their other symptoms, including reduced coughing and shortness of breath. And it must be at least seven full days <a href="https://health.usnews.com/conditions/articles/coronavirus-recovery-what-to-know" target="_blank">since the symptoms began</a>.</p><p>In addition to those requirements, the CDC guidelines say that a person must test negative for the coronavirus twice, with the <a href="https://www.cdc.gov/coronavirus/2019-ncov/if-you-are-sick/care-for-someone.html" target="_blank">tests taken at least 24 hours apart</a>.</p><p>Only then, if both the symptom and testing conditions are met, is a person officially considered recovered by the CDC.</p><p>This second testing requirement is likely why there were so few official recovered cases in the U.S. until late March. Initially, there was a <a href="https://www.nytimes.com/2020/03/18/health/coronavirus-test-shortages-face-masks-swabs.html" target="_blank">massive shortage of testing in the U.S.</a> So while many people were certainly recovering over the last few weeks, this could not be officially confirmed. As the country enters the height of the pandemic in the coming weeks, focus is still on <a href="https://www.cdc.gov/coronavirus/2019-nCoV/hcp/clinical-criteria.html" target="_blank">testing those who are infected</a>, not those who have likely recovered.</p><p>Many more people are being tested now that states and private companies have begun <a href="https://www.cdc.gov/coronavirus/2019-ncov/cases-updates/testing-in-us.html" target="_blank">producing and distributing tests</a>. As <a href="https://www.dispatch.com/news/20200406/coronavirus-in-ohio-from-its-rocky-start-testing-for-covid-19-slowly-ramping-up" target="_blank">the number of available tests increases</a> and the pandemic eventually slows in the country, more testing will be available for those who have appeared to recover. As people who have already recovered are tested, the appearance of any new infections will help researchers learn <a href="https://www.statnews.com/2020/03/24/we-need-smart-coronavirus-testing-not-just-more-testing/" target="_blank">how long immunity can be expected to last</a>.</p>
Once a person has recovered, what can they do?<p>Knowing whether or not people are immune to COVID-19 after they recover is going to determine what individuals, communities and society at large can do going forward. If scientists can show that recovered patients are immune to the coronavirus, then a person who has recovered could in theory <a href="https://www.vox.com/2020/3/30/21186822/immunity-to-covid-19-test-coronavirus-rt-pcr-antibody" target="_blank">help support the health care system</a> by caring for those who are infected.</p><p>Once communities pass the peak of the epidemic, the number of new infections will decline, while the number of <a href="https://www.newsweek.com/china-says-passed-peak-coronavirus-epidemic-covid-19-1491863" target="_blank">recovered people will increase</a>. As these trends continue, the risk of transmission will fall. Once the risk of transmission has fallen enough, community-level isolation and social distancing orders will begin to relax and businesses will start to reopen. Based on what other countries have gone through, it will be <a href="https://www.nature.com/articles/d41586-020-00154-w" target="_blank">months until the risk of transmission is low</a> in the U.S.</p><p>But before any of this can happen, the U.S. and the world need to make it through the peak of this pandemic. Social distancing works to slow the spread of infectious diseases and <a href="https://www.cdc.gov/coronavirus/2019-ncov/need-extra-precautions/what-you-can-do.html" target="_blank">is working for COVID-19</a>. Many people will <a href="https://www.yalemedicine.org/stories/2019-novel-coronavirus/" target="_blank">need medical help to recover</a>, and social distancing will slow this virus down and give people the best chance to do so.</p>
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.
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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.
Chemical leavening<p>If you like a little heft in your loaf, you will need a leavening agent.</p><p>For those short on time, you can use baking soda. That's a chemical compound of sodium bicarbonate mixed with potassium bitartrate, or cream of tartar.</p><p>Soda breads have their traditions in parts of eastern and central Europe, and in Ireland and Scotland, with Melrose loaves and "farls."</p><p>They can taste a bit bland, though, and are often considered only as an emergency solution on Sundays. No disrespect intended: They taste just fine fresh from the oven.</p><p>Whether it's chemical or more "natural," leavening relies largely on the production of carbon dioxide.</p><p>When you mix an acid, such as vinegar, buttermilk, yogurt or apple cider, with an alkaline compound like baking soda, you get CO2. That CO2 creates bubbles, which in turn capture steam in the oven and allow a bread to rise.</p><p><span></span>But it's better with yeast. Tastes better, too. It just takes more time. </p>
What is yeast?<p>There are yeasts all around us — on grains, in the air, in biofuels. It even lives inside us, but that's not always a good thing.</p><p><a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1090575/pdf/1471-2334-5-22.pdf" target="_blank">Candida yeast</a> can cause infections of the skin, feet, mouth, penis or vagina if it builds up too much in the body.</p><p>One of the most common yeasts, however, is <em>Saccharomyces cerevisiae</em>. That's <a href="https://www.dw.com/en/an-early-beer-archaeologists-tap-ground-at-worlds-oldest-brewery/a-45480731" target="_blank">"brewer's"</a> or "baker's" yeast.</p><p>You can get fresh baker's yeast, often in 42-gram (1.48-ounce) cubes, or as dried yeast (quick action or active, which requires rehydration) in a sachet of 7 grams.</p><p>There's little difference: One is compressed and the other is dehydrated and granulated. But they do the same thing, essentially. </p><p>Some commercial yeast producers add molasses and other nutrients. But natural yeast has plenty of useful nutrients in it anyway, including B group vitamins, so who knows whether it's good or necessary to add them. </p>
How does yeast work?<p>When you mix flour, yeast and water, you set off a veritable chain reaction. Enzymes in the wheat convert starch into sugar. And the yeast creates enzymes of its own to convert those sugars into a form it can absorb.</p><p>The yeast "feeds" on the sugars to create carbon dioxide and alcohol. The yeast burps and farts, releasing gases into the mix, and that creates bubbles to trap CO2. </p><p>It's a vital fermentation process that breaks down the gluten in the flour and helps make your bread more digestible.</p><p>The yeast cells split and reproduce, generating lactic and carbonic acid, raising the temperature and ultimately adding flavor to the mix.</p><p>The longer you leave the yeast to do its thing, the better for your bread. Time is more important than the amount of yeast. </p><p>In fact, that's an enduring question — how much yeast? I'll use 20 grams fresh yeast for 500 grams of flour. Others say that's enough yeast for 1 kilo. If you are converting a dry-yeast recipe to fresh yeast, some bakers advise tripling the weight. So, if a sachet of dried yeast is 7 grams, your fresh yeast is 21 grams.</p><p><span></span>But that also depends on the flours you are using, temperatures in the bowl and the room, and a host of other things. You'll just have to experiment and see. No number of books (and I've read a stack on bread) will help as much as trial and error.</p>
Wild yeast: Sourdough<p>So, good bread needs time. If you have a lot of time, why not move it up a notch and grow wild yeast — a sourdough starter — in your own home?</p><p>A sourdough starter is not to be mistaken (as it often is) for the leaven, or "mother," "sponge," or <em>levain</em>. That's more a second stage, a descendant of the starter. You take a scoop from your starter and add it to another flour and water mixture when you prepare the dough for a new loaf. </p><p>The sourdough process utilizes yeasts naturally present in flour and … yet more time. A longer fermentation process allows a richer lactic acid bacteria <em>lactobacilli</em> or LAB to evolve, and that can be healthy for your gut microbiome.</p><p>It's simple enough to start a sourdough starter. All you need is flour, warm water and time.</p><p>Some suggest equal measures of whole-grain flour and water at 28 degrees Celsius (82 degrees Fahrenheit), some say room temperature — just don't let the water exceed 40 C or the yeasts will die. Some suggest two parts flour to three parts water. But it's up to you whether you want a drier or wetter starter. You will know only through experimentation. </p><p>Some say you should filter tap water to remove chemicals like fluoride and avoid using water that's boiled and then cooled. Others say that really doesn't matter.</p><p>The main thing is, keep it clean and give it time. Days, weeks, months and years.</p>
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