The Supreme Court has overturned an injunction against planting genetically modified alfalfa seeds made by “food” conglomerate Monsanto, the Wall Street Journal reported today.The 2007 injunction barred farmers from planting the company's Roundup Ready alfalfa seed until a government study on whether using the seed would affect organic and conventional alfalfa crops was concluded, according to The New York Times.
The study hasn't been completed, but in a 7-1 decision, the court basically said: “Meh, nevermind, just a little planting is OK,” and then told the U.S. Department of Agriculture they can allow some planting of the seed before the study is finished.
However, under the ruling, genetic contamination – part of which includes the idea that “gene flow,” which means that GMO material can get into conventional and organic plants through cross-pollination – can also now be considered part of “environmental harm,” because it can cause reduced yield or loss of market value.
Alfalfa is used primarily to feed dairy cows, and is usually harvested as hay. It is also fed to beef cattle, sheep, goats and horses. Humans eat alfalfa sprouts in sandwiches and salads, and obviously eat alfalfa-fed animal products.
David F. Snively (yes, Snively), general counsel for Monsanto, was quoted by the NYT as saying: “Monsanto and farmers in the United States are thrilled with this decision, which is far-reaching in its look at the regulatory framework that should govern biotech crops.”
According to Agriculture Online, 5,500 U.S. farmers currently grow Roundup Ready alfalfa across 220,000 acres. When all the regulatory hurdles are cleared, Monsanto expects “a massive jump in this number,” Snively said. “Alfalfa in the U.S. is the fourth largest crop market, and just 1 to 2% of this is penetrated by this seed technology. So, there is tremendous upside potential.”
Alfalfa is the fourth-largest crop grown in the United States, behind corn, soybeans and wheat. Twenty-three million acres are grown every year in 48 states, the Southeast Farm Press notes. Alfalfa is a $9 billion a year business, with annual seed sales valued at $63 million, according to Business Week.
Monsanto is increasingly owning every aspect of its own marketplace. As I've discussed previously in this blog, Monsanto's genetically engineered seeds are planted on more than 80 percent of all corn acres in the United States, and on more than 90 percent of U.S. soybean acres. The company's seeds have caused seed prices to skyrocket, which hurts farmers. And because of its anti-competition clauses, it ends up controlling the seeds farmers have access to, which means they're forced to buy the more expensive seeds. The frankenseed-maker also terrorizes farmers.
In short, the ruling could:
1. Impact a similar case involving Roundup Ready sugar beets and have a future impact on the commercialization of new biotech crop varieties.
2. Sway environmental law in general.
Another important implication of the growing prevalence of GMOs – in this case, alfalfa – is that genetically engineered foods are extremely difficult to test for allergenicity because of the creation of new proteins, Robyn O'Brien, founder of AllergyKids Foundation, pointed out. These new proteins are being “considered innocent until proven guilty” by the FDA, despite the fact that it's so hard to test for allergenicity, and despite the 265 percent increase in the rate of food allergic hospitalizations, according to a study by the Centers for Disease Control.
This was the first agricultural biotechnology-related case to make it to the high court, and the ruling “reinforces the USDA's role in regulating biotech crops,” a Pioneer spokesman told the Des Moines Register. Justice John Paul Stevens was the lone dissenter.
“It was reasonable for the court to conclude that planting could not go forward until more complete study ... showed that the known problem of gene flow could in reality be prevented,” Stevens said, according to Canadian Business.
So far this year, the most difficult part of my project has been avoiding GMOs. It's easy to weed out animal products that aren't free-range. It's nearly impossible to find out if food you're eating is GMO-free, because the USDA thinks that instead of knowing what you're eating, it would be best if you didn't know and would have to guess, or better yet, just not think about it at all. This is because if they had to tell you each time a food contains GMOs, you might get scared or nervous, which might make you think twice about buying that product. So, full disclosure is only appropriate for things like cars, houses, mattresses, and pretty much anything but the most important, intimate thing we consume – food.
It's not a stretch to conclude that Monsanto, which spent $2 million lobbying in just the first quarter of last year, helped them make that decision for you.


























