Supreme Court Denies Family Farmers the Right to Self-Defense From Monsanto Lawsuits
The U.S. Supreme Court today issued a decision in the landmark federal lawsuit, Organic Seed Growers and Trade Association (OSGATA) et al v. Monsanto. Farmers were denied the right to argue their case in court and gain protection from potential abuse by the agrochemical and genetic engineering giant, Monsanto. Additionally, the high court decision dashes the hopes of family farmers who sought the opportunity to prove in court Monsanto’s genetically engineered seed patents are invalid.
Photo courtesy of Shutterstock
"While the Supreme Court's decision to not give organic and other non-GMO farmers the right to seek preemptive protection from Monsanto's patents at this time is disappointing, it should not be misinterpreted as meaning that Monsanto has the right to bring such suits,” said Daniel Ravicher, executive director of the Public Patent Foundation and lead counsel to the plaintiffs in OSGATA et al v. Monsanto.
“Indeed, in light of the Court of Appeals decision, Monsanto may not sue any contaminated farmer for patent infringement if the level of contamination is less than one percent," Ravicher explained. "For farmers contaminated by more than one percent, perhaps a day will come to address whether Monsanto's patents may be asserted against them. We are confident that if the courts ever hear such a case, they will rule for the non-GMO farmers."
Farmers had sought Court protection under the Declaratory Judgment Act that should they become the innocent victims of contamination by Monsanto’s patented gene-splice technology they could not perversely be sued for patent infringement.
“The Supreme Court failed to grasp the extreme predicament family farmers find themselves in,” said Maine organic seed farmer Jim Gerritsen, president of lead plaintiff OSGATA. “The Court of Appeals agreed our case had merit. However, the safeguards they ordered are insufficient to protect our farms and our families."
"This high court which gave corporations the ability to patent life forms in 1980, and under Citizens United in 2010 gave corporations the power to buy their way to election victories, has now in 2014 denied farmers the basic right of protecting themselves from the notorious patent bully Monsanto,” said Gerritsen.
The historic lawsuit was filed in 2011 in Federal District Court in Manhattan. The large plaintiff group numbers 83 individual American and Canadian family farmers, independent seed companies and agricultural organizations whose combined memberships total more than one million citizens, including many non-GMO farmers and over 25 percent of North America’s certified organic farmers.
“The Appellate Court decision could leave Canadian farmers out in the cold because their protection may not extend to Canada at all,” said Saskatchewan organic grain farmer Arnold Taylor, a member of plaintiff member Canadian Organic Growers. “Like many Canadian farmers, we sell crop into the U.S. and can therefore be liable to claims of patent infringement by Monsanto.”
In a complicated ruling issued in June 2013 by the U.S. Court of Appeals for the Federal Circuit in Washington, D.C., American farmers were handed a partial victory when the three justices agreed with the farmers’ assertion that contamination by Monsanto was inevitable. The justices ordered Monsanto not to sue American farmers whose fields were contaminated with trace amounts of patented material, which the Court defined as 1 percent.
In a related situation, Canadian soybean farmer Stephen Webster of Ontario experienced just how abusively Monsanto treats innocent contamination victims. Through no fault of his own Webster, who farms with his elderly father, had his 2012 identify-preserved non-GMO soybean crop contaminated by Monsanto’s patented genetically engineered seed. Their soybeans were ruined for export to specialty markets in Japan.
“First Monsanto claimed we had too many bees and that we were at fault for the contaminated crop,” said Webster. “Then they threatened to run up $100,000 in legal bills that we would have to pay.” Tragically, Webster’s story is the norm in farm country, with Monsanto using its extreme economic power to silence family farmers even before they can legally defend themselves.
Notably, none of the plaintiffs are customers of Monsanto. None have signed licensing agreements with Monsanto. The plaintiffs do not want Monsanto’s seed and they do not want Monsanto’s gene-spliced technology and have sought legal protection from significant economic harm to their businesses and way of life.
“We have a fourth generation farm,” said organic dairy farmer and plaintiff Rose Marie Burroughs of California Cloverleaf Farms. “Monsanto cannot be trusted. Their refusal to provide a binding legal covenant not to sue our fellow farmers would make anyone wonder, what are their real motives? GMO contamination levels can easily rise above one percent and then we would have zero protection from a costly and burdensome lawsuit.”
Significant contamination events, including Starlink corn and LibertyLink rice, have already cost farmers and the food companies nearly $2 billion dollars. In the past year alone, the discovery of Monsanto’s illegal GMO wheat in an Oregon farmer’s field and GMO alfalfa in Washington state sent foreign markets, where GMOs are not wanted, reeling. In both instances farmers’ economic livelihoods were put at risk as buyers in foreign markets refused to buy the GMO contaminated crops.
“If Monsanto can patent seeds for financial gain, they should be forced to pay for contaminating a farmer’s field, not be allowed to sue them," said Dave Murphy, founder and executive director of Food Democracy Now! “Once again, America’s farmers have been denied justice, while Monsanto’s reign of intimidation is allowed to continue in rural America.”
“Monsanto has effectively gotten away with stealing the world’s seed heritage and abusing farmers for the flawed nature of their patented seed technology," said Murphy. “This is an outrage of historic proportions and will not stand.”
Visit EcoWatch’s GMO page for more related news on this topic.
By Robert J. Orth, Jonathan Lefcheck and Karen McGlathery
A century ago Virginia's coastal lagoons were a natural paradise. Fishing boats bobbed on the waves as geese flocked overhead. Beneath the surface, miles of seagrass gently swayed in the surf, making the seabed look like a vast underwater prairie.
Why Didn’t Seagrasses Recover Naturally?<p>Development, nutrient runoff and other human impacts have damaged marshes, mangroves, coral reefs and seagrasses in many bays and estuaries worldwide. Loss or shrinkage of these key habitats has reduced commercial fisheries, increased erosion, made coastlines more vulnerable to floods and storms and harmed many types of aquatic life. Rapid climate change has compounded these effects through <a href="https://theconversation.com/ocean-warming-has-fisheries-on-the-move-helping-some-but-hurting-more-116248" target="_blank">rising global temperatures</a>, more <a href="https://theconversation.com/more-frequent-and-intense-tropical-storms-mean-less-recovery-time-for-the-worlds-coastlines-123335" target="_blank">frequent and severe storms</a> and <a href="https://theconversation.com/as-climate-change-alters-the-oceans-what-will-happen-to-dungeness-crabs-61501" target="_blank">ocean acidification</a>.</p><p>In the late 1990s, local residents told two of us who are longtime students of seagrasses (Robert "JJ" Orth and Karen McGlathery) that they had spotted small patches of eelgrass in shallow waters off Virginia's eastern shore. For years the conventional view had been that seagrasses in this area had not recovered from the events of the 1930s because human activities had <a href="https://doi.org/10.1016/j.aquabot.2005.07.007" target="_blank">made the area inhospitable for them</a>.</p><p>But studies showed that water quality in these coastal bays was <a href="https://doi.org/10.1007/BF02782971" target="_blank" rel="noopener noreferrer">comparatively good</a>. This led us to explore a different explanation: Seeds from healthy seagrass populations elsewhere along the Atlantic coast simply weren't reaching these isolated bays. Seagrasses are underwater flowering plants, so seeds are among the main ways they reproduce and spread to new environments.</p>
Eelgrass beds were restored in four bays at the southern tip of Virginia's eastern shore on the Atlantic coast. David J. Wilcox/VIMS, CC BY-ND
Sowing a New Crop<p>From our <a href="https://doi.org/10.2307/1941597" target="_blank">earlier research</a>, we knew that when eelgrass seeds fall from the parent plant, they sink to the sea bottom quickly and don't move far from where they land. We also knew that these seeds don't germinate until late fall or early winter. This meant that if we collected the seeds in spring, when eelgrass flowers, we could hold them until the fall, helping them survive over the months in between.</p><p>We decided to try reseeding eelgrass in the areas where they were missing. Starting in 1999, we collected seeds by hand from underwater meadows in nearby Chesapeake Bay – plucking the long reproductive shoots, bringing them back to our laboratory and holding them in large outdoor seawater tanks until they released their seeds naturally. After about 10 years we started gathering the grasses using a custom-built underwater "lawn mower" to collect many more of the reproductive shoots than we could by hand.</p><p>In 2001 we sowed our first round by simply tossing seeds from a boat. Our first test plots covered 28 acres of mud flats in waters 2 to 3 feet deep. Returning the following year, we saw new seedlings sprouting up.</p><p>Each year since then, the <a href="https://www.vims.edu/" target="_blank">Virginia Institute of Marine Science</a> and the <a href="https://www.nature.org/en-us/about-us/where-we-work/united-states/virginia/" target="_blank" rel="noopener noreferrer">Nature Conservancy's Virginia Coast Reserve</a>, along with staff and students from the <a href="https://www.vcrlter.virginia.edu/" target="_blank" rel="noopener noreferrer">University of Virginia</a>, have led a team of scientists and citizens to collect and seed a combined 536 acres of bare bottom in several coastal bays.</p><p>These initial plots took off and rapidly expanded. By 2020 they covered 9,600 acres across four bays. Several factors helped them flourish. These bays are naturally flushed with cool, clean water from the Atlantic Ocean. And they lie off the tip of Virginia's eastern shore, where there is little coastal development.</p>
<span style="display:block;position:relative;padding-top:56.25%;" class="rm-shortcode" data-rm-shortcode-id="a482c2146febd6782c99960c2b55feb8"><iframe lazy-loadable="true" src="https://www.youtube.com/embed/K9NyfPLINtk?rel=0" width="100%" height="auto" frameborder="0" scrolling="no" style="position:absolute;top:0;left:0;width:100%;height:100%;"></iframe></span>
Sheltering Marine Life and Storing Carbon<p>Since eelgrass disappeared from these bays in the 1930s, human understanding of seagrass ecosystems has evolved. Today people don't pack their walls full of seagrass insulation but instead value different services they provide, such as habitat for fish and shellfish – including many <a href="https://doi.org/10.1111/conl.12645" target="_blank" rel="noopener noreferrer">commercially and recreationally important species</a>.</p><p>Scientists and government agencies also have recognized the importance of coastal systems in capturing and storing so-called "<a href="https://oceanservice.noaa.gov/facts/bluecarbon.html" target="_blank" rel="noopener noreferrer">blue carbon</a>." In fact, we now know that seagrasses constitute a globally significant <a href="https://doi.org/10.1038/ngeo1477" target="_blank" rel="noopener noreferrer">carbon sink</a>. They are a key tool for reducing carbon dioxide in the atmosphere and <a href="https://doi.org/10.1038/s41598-020-64094-1" target="_blank" rel="noopener noreferrer">slowing climate change</a></p><p>We are working to understand the valuable services that our restored seagrass beds provide. To our surprise, fish and invertebrates returned within only a few years as the meadows expanded. These organisms have established extensive food webs that include species ranging from tiny seahorses to 6-foot-long sandbar sharks.<br></p><p>Other benefits were equally dramatic. Water in the bays become clearer as the seagrass canopy trapped floating particles and deposited them onto the bottom, burying significant stocks of carbon and nitrogen in sediments bound by the grasses' roots. Our research is the first to verify the overall net carbon captured by seagrass, and is now being used to issue carbon offset credits that in turn <a href="https://vaseagrant.org/eelgrass-carbon-credits/" target="_blank">create more funds for restoration</a>.</p><p>One big question was whether restoring seagrasses could make it possible to bring back bay scallops, which once generated millions of dollars for the local economy. Since bay scallops no longer existed in Virginia, we obtained broodstock from North Carolina, which we have <a href="https://chesapeakebaymagazine.com/return-of-the-bay-scallop/" target="_blank">reared and released annually</a> since 2013. Regular surveys now reveal a growing population of bay scallops in the restored eelgrass, although there is still some way to go before they reach levels seen in the 1930s.</p>
Restored seagrass beds (dark areas) along Virginia's Atlantic coast, with sunlight reflecting from a small island. Jonathan Lefcheck, CC BY-ND
A Model for Coastal Restoration<p>Repairing damaged ecosystems is such an urgent mission worldwide that the United Nations has designated 2021-2030 as the <a href="https://www.decadeonrestoration.org/" target="_blank">U.N. Decade on Ecosystem Restoration</a>. We see the success we have achieved with eelgrass restoration as a prime model for similar efforts in coastal areas around the world.</p><p>Our project focused not only on reviving this essential habitat, but also on charting how restoring seagrasses affected the ecosystem and on the co-restoration of bay scallops. It provides a road map for involving scholars, nonprofits organizations, citizens and government agencies in an ecological mission where they can see the results of their work.</p><p>Recent assessments show that the restored zone only covers about 30% of the total habitable bottom in our project area. With continued support, eelgrass – and the many benefits it provides – may continue to thrive and expand well into the 21st century.</p>
EcoWatch Daily Newsletter
By Jessica Corbett
Leaders of climate and conservation groups on Tuesday welcomed House Democrats' introduction of landmark legislation that aims to address the ocean impacts of human-caused global heating and reform federal ocean management—recognizing that, as Rep. Raúl M. Grijalva put it, "a healthy ocean is key to fighting the climate crisis."
<div id="a858f" class="rm-shortcode" data-rm-shortcode-id="99d487bc34e6e570edd2a3089e616347"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318606309256798208" data-partner="rebelmouse"><div style="margin:1em 0">🎥 We're live! @NRDems, @RepRaulGrijalva, and @USRepKCastor are unveiling #OceanClimateAction legislation. W… https://t.co/pPdylA6cKQ</div> — Select Committee on the Climate Crisis (@Select Committee on the Climate Crisis)<a href="https://twitter.com/ClimateCrisis/statuses/1318606309256798208">1603215217.0</a></blockquote></div>
<div id="17f05" class="rm-shortcode" data-rm-shortcode-id="28d7040a5dd41c4d26fed8e93a225655"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318614724842524674" data-partner="rebelmouse"><div style="margin:1em 0">.@RepRaulGrijalva’s climate bill will ignite #OceanClimateAction to help fight inequality by prioritizing funding f… https://t.co/oeH1W214em</div> — NRDC 🌎🏡 (@NRDC 🌎🏡)<a href="https://twitter.com/NRDC/statuses/1318614724842524674">1603217223.0</a></blockquote></div>
- COVID-19 Masks Are Polluting Beaches and Oceans - EcoWatch ›
- Satellite Imagery Helps Detect Ocean Plastic Pollution - EcoWatch ›
- 3 Innovations Leading the Fight to Save Our Ocean - EcoWatch ›
Poor eating habits, lack of exercise, genetics, and a bunch of other things are known to be behind excessive weight gain. But, did you know that how much sleep you get each night can also determine how much weight you gain or lose?
Almost 300,000 more Americans have died during the first ten months of the coronavirus pandemic than would be expected in an average year, the Centers for Disease Control and Prevention (CDC) reported Tuesday.
- White House Ordered Coronavirus Meetings Be Classified - EcoWatch ›
- As Trump Pushes U.S. to Reopen, Internal Document Projects 3,000 ... ›
- As Coronavirus Infections Rise, CDC Is Criticized - EcoWatch ›
- As CDC Says 'Do Not Go to Work,' Trump Says Thousands With ... ›
By Julia Conley
A federal judge in Washington, D.C. late Sunday struck down the Trump administration's proposed changes to the SNAP benefits program, potentially saving hundreds of thousands of people from losing badly needed federal food assistance.
<div id="e8d44" class="rm-shortcode" data-rm-shortcode-id="be49aabc36a5465eed30ca54f88f6b2d"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318171686232096772" data-partner="rebelmouse"><div style="margin:1em 0">A judge has ruled in our favor and blocked the Trump administration’s unlawful changes to SNAP. This decision is… https://t.co/5zeTafxMLm</div> — NY AG James (@NY AG James)<a href="https://twitter.com/NewYorkStateAG/statuses/1318171686232096772">1603111595.0</a></blockquote></div>
<div id="f47ab" class="rm-shortcode" data-rm-shortcode-id="381daa45528adda7398d5628d047294f"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318175677724676096" data-partner="rebelmouse"><div style="margin:1em 0">There's a lot of competition for Vilest Policy Ever, but slashing food stamps during a pandemic that's causing mass… https://t.co/EYvb0C8Q3m</div> — Tamar Haspel (@Tamar Haspel)<a href="https://twitter.com/TamarHaspel/statuses/1318175677724676096">1603112546.0</a></blockquote></div>
<div id="946d8" class="rm-shortcode" data-rm-shortcode-id="3cff2dc2643fc55ab21d2a73881c7de8"><blockquote class="twitter-tweet twitter-custom-tweet" data-twitter-tweet-id="1318168614541950976" data-partner="rebelmouse"><div style="margin:1em 0">Trump: yes to Space Force, no to Food Stamps. Another equation that might be remembered in a few weeks. https://t.co/9IEDBaMy2o</div> — Matt Taibbi (@Matt Taibbi)<a href="https://twitter.com/mtaibbi/statuses/1318168614541950976">1603110862.0</a></blockquote></div><p>"Trump: yes to Space Force, no to Food Stamps," Taibbi tweeted.</p>
- Trump Wants to Replace Food Stamps With Food Packages ... ›
- Trump Complains Puerto Rico Getting 'Too Much' Disaster Aid as ... ›
- Trump USDA Resumes Effort to Cut Food Stamp Benefits - EcoWatch ›