On Monday, June 21, 2010, the U.S. Supreme Court ruled in favor of Monsanto, 7-1 and reversed the lower court’s ban on Roundup Ready alfalfa. The opinion of the court, written by Justice Samuel Alito, sharply stated the district court abused its discretion when it prohibited the planting of Roundup Ready® alfalfa in 2007. The opinion concluded the lower court's injunction on Roundup Ready alfalfa "cannot stand." Monsanto welcomes this opinion from the nation’s highest court.
“This Supreme Court ruling is important for every American farmer, not just alfalfa growers. All growers can rely on the expertise of USDA, and trust that future challenges to biotech approvals must now be based on scientific facts,
not speculation.”
— David F. Snively, Monsanto senior vice president and general counsel
The court’s June ruling overturned the ban on planting Roundup Ready alfalfa – but this does not mean alfalfa seed can be planted today.
The USDA’s Animal and Plant Health Inspection Service (APHIS) still must complete the Environmental Impact Statement (EIS) that began in 2007.
USDA-APHIS can determine what interim measures need to be established for farmers to plant the technology (until the EIS is complete).
No date has been set by USDA-APHIS for completion of the EIS.
USDA-APHIS has not made a final decision as to when Roundup Ready alfalfa will be deregulated, allowing farmers to plant the crop again.
Partial deregulation does not have to wait until EIS completion.
“This is exceptionally good news received in time for the next planting season. Farmers have been waiting to hear this for quite some time. We have Roundup Ready alfalfa seed ready to deliver and await USDA guidance on its release. Our goal is to have everything in place for growers to plant in fall 2010.”
— Steve Welker, Monsanto alfalfa business lead
Monsanto launched the product in 2005, with much anticipation from hay and forage farmers across the U.S. who had asked for the technology. In 2007, a federal district court issued a ruling that stopped the sale and planting of Roundup Ready alfalfa seeds until the USDA’s Animal and Plant Health Inspection Services (APHIS) could complete an Environmental Impact Statement (EIS) to evaluate the potential environmental effects of deregulating the product. To learn more, read our timeline of events.
Supreme Court Decision on Biotech Alfalfa – Who Wins?The big news is the U.S. Supreme Court’s 7-1 ruling to reverse a lower court’s ban on Monsanto’s Roundup Ready alfalfa product. Media reports trumpeted Monsanto’s win. Then, surprisingly, the Center for Food Safety issued a statement claiming victory. According to CFS, they are “celebrating” today the victory of a 7-1 ruling against them. Read More