Center for Food Safety v. Thomas Vilsack

OVERVIEW

This appeal represents another chapter in the United States Department of Agriculture’s (“USDA”) regulation of Roundup Ready Alfalfa (“RRA”). RRA is a plant genetically “engineered” or “modified” by the Monsanto Company and Forage Genetics International to be resistant to the herbicide glyphosate, which Monsanto sells under the trade name Roundup. Farmers do not normally apply an herbicide like Roundup to alfalfa fields because the herbicide kills not only the weeds, but also the alfalfa crop. RRA’s tolerance to Roundup thus allows farmers to control weeds through herbicide application without harming the alfalfa plant. Monsanto markets RRA and Roundup together as a single crop system. From the outset, Monsanto and Forage Genetics’s attempts to introduce RRA have been met with criticism and lawsuits from environmental groups concerned about the adverse effects that the plant may have on the environment and the organic food industry. An earlier phase of the litigation concerned the scope of an injunction prohibiting the planting of RRA pending completion of an Environmental Impact Statement (“EIS”) by the USDA’s Animal Plant and Health Inspection Service…