Vilsack
Center for Food Safety v. Vilsack
Opinion
Opinion
White, J.
AMENDED ORDER REGARDING THE REMEDIES ON PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
Now before the Court is the remedies portion of the motion for a preliminary injunction filed by plaintiffs Center for Food Safety, Organic Seed Alliance, Sierra Club, and High Mowing Organic Seeds (collectively, “Plaintiffs”). Having carefully reviewed the parties’ arguments and evidence and considered the relevant legal authority, the Court hereby GRANTS the remedy requested by Plaintiffs.
BACKGROUND
Plaintiffs filed this action challenging the decision by the United States Department of Agriculture (“USDA”) and its Animal and Plant Health Inspection Service (“APHIS”) (collectively, “Defendants”) to issue permits to four seed companies to plant stecklings of genetically engineered sugar beets. Plaintiffs contend that APHIS’s decision to issue these permits without conducting any environmental review violates the National Environmental Policy Act, 42 U.S.C. §§ 4321-4335 (“NEPA”), the Plant Protection Act (“PPA”), the 2008 Farm Bill, and the Administrative Procedure Act, 5 U.S.C. § 706 (2)(A) (“APA”).
Monsanto Company (“Monsanto”) owns intellectual property rights in the technology used to…