Vilsack

ORDER REGARDING REMEDIES

Now before the Court is the motion regarding remedies filed by plaintiffs Center for Food Safety, Organic Seed Alliance, Sierra Club, and High Mowing Organic Seeds (collectively, “Plaintiffs”). Plaintiffs seek a vacatur of the agency decision to deregulate genetically engineered sugar beets and a permanent injunction. Having considered the parties’ arguments and relevant legal authority, the Court hereby GRANTS Plaintiffs’ request for a vacatur but DENIES Plaintiffs’ motion for a permanent injunction.

BACKGROUND

In September 2009, the Court ruled that the decision by the United States Department of Agriculture (“USDA”) and its Animal and Plant Health Inspection Service (“APHIS”) to deregulate a variety of genetically engineered sugar beets without preparing an environmental impact statement (“EIS”) violated the National Environmental Policy Act, 42 U.S.C. §§ 4321-4335 (“NEPA”). On March 16, 2010, the Court denied Plaintiffs’ motion for a preliminary injunction. However, the Court admonished the parties that they should not assume that the Court’s decision to deny a preliminary injunction was indicative of its views on a permanent injunction pending the…