
I sat here for twenty minutes trying to come up with something clever to say about the Supreme Court's decision to allow Monsanto to sell genetically-modified seeds before they're safety tested, but I just can't. Seriously. Why bother having environmental impact testing at all if you're not going to wait for the results?
Maybe, if it were some wonder-drug and millions of people would die without it, I would understand the need to move things along a little. Yet, mankind has done fine for millions of years without Monsanto's freak-show alfalfa. Furthermore, it's not like the company is in dire straits financially and needs this product to come out immediately.
And regarding Monsanto's statement that claims its products were dangerous amounted to "bad science fiction with no support on the record," how the hell do you know? It hasn't even been tested yet.
I guess the only upside of all this is that I was planning on waiting for FDA approval before launching my new line of crushed-glass-and-jalapeno-laced laxatives, but maybe with this ruling, I can side-step all the bureaucracy.
*slaps forehead* Wow, that sucks.
ReplyDeleteThis has made me so sad and confused but I guess when Monsanto has their people in place within the government you can expect this to happen..
ReplyDeleteAt least I had this to make me laugh..
"I guess the only upside of all this is that I was planning on waiting for FDA approval before launching my new line of crushed-glass-and-jalapeno-laced laxatives, but maybe with this ruling, I can side-step all the bureaucracy. "
Crushed glass and jalapeno laxatives, can we feed that directly to all involved with Monsanto.. please say yes..
Hey Denis,
ReplyDeleteHave you gotten a chance to read the full opinion? If not, take a look here: http://www.supremecourt.gov/opinions/09pdf/09-475.pdf
/michm
Wow. Did you read that whole document? I suppose I need to, but did you actually find something in there that makes you side with Monsanto?
ReplyDeleteOh, no; definitely not siding with Monsanto! But, a close read makes me think this isn't as much of a win for them as they are claiming.
ReplyDeleteYes, the Supreme Court ruled in favor of Monsanto, but in a way that preserves the lower court’s decision preventing Monsanto from introducing the genetically modified (GM) crop until the government complies with the National Environmental Policy Act (NEPA).
The two main questions on appeal had to do with 1) standing (whether the conventional farmers had the right to bring the lawsuit in the first place – the Court said, “yes.”), and 2) a technical question about the scope of the district court decision to prevent the gov’t from granting Monsanto’s petition to deregulate the GM seeds (the Court found that the lower court’s injunction was too broad). [Note: Not challenged on appeal was the lower court’s holding that the government should not have found that the introduction of the GM alfalfa had no environmental impact; that finding remains intact.]
The decision does NOT alter the current status quo, which is that “virtually no [genetically-modified seeds] can be grown or sold until such time as a new deregulation decision is in place . . . .” Monsanto v. Geertson Seed Farms, No. 09-475, slip op. at 22 (S. Ct. June 21, 2010). That’s because the initial Animal and Plant Health Inspection Service (APHIS) decision not to prepare a full Environmental Impact Statement was vacated by the district court. Until the APHIS completes its review under NEPA, the GM alfalfa may not be sold or grown. And, even then, “ . . . we also know that any party aggrieved by a hypothetical future deregulation decision will have ample opportunity to challenge it, and to seek appropriate preliminary relief, if and when such a decision is made. “ Id. at 23.
In sum, the Supreme Court decision is only a narrow procedural win for Monsanto and the gov’t and a win for the farmers and environmental groups on standing grounds. The real action is going to be at the admin level as the APHIS engages in its environmental review and decides whether to issue a decision deregulating the GM seeds.
At least, that's my take on it . . .
/michm