Organic Farmers vs. Monsanto: Final Appeal to Supreme Court to Protect Crops from GMOs

Search form

Organic Farmers vs. Monsanto: Final Appeal to Supreme Court to Protect Crops from GMOs

Organic Farmers vs. Monsanto: Final Appeal to Supreme Court to Protect Crops from GMOs
Mon, 12/30/2013 - by Wood Prairie Farm
This article originally appeared on EcoWatch

Two weeks ago, the Public Patent Foundation filed a brief with the U.S. Supreme Court in the landmark case, Organic Seed Growers and Trade Association (OSGATA) et al v. Monsanto, in the hopes that the highest court in the land would hear and reinstate the case of 73 American organic and conventional family farmers, seed businesses and public advocacy groups that seek protection for America’s farmers from Monsanto’s frivolous patent infringement lawsuits, and their promiscuous genetically engineered pollen, while also seeking to invalidate the patents on 23 of Monsanto’s genetically modified organisms (GMO) crops.

Earlier this month, Monsanto filed an opposition brief with the Supreme Court in a last ditch effort to deny a group of American family farmers and seed growers justice in their efforts to protect their farms and the integrity of their crops.

“In opposing our request that the Supreme Court take, and then reinstate, our case, Monsanto makes the same lame and untrue assertions that it made before,” said Daniel Ravicher, executive director of the Public Patent Foundation (PUBPAT) and lead counsel to the plaintiffs in OSGATA et al v. Monsanto. ”In our reply brief filed with the Supreme Court we point out precisely why Monsanto is wrong and that the case should be allowed to proceed,” claimed Ravicher.

On June 10, a three-judge panel at the Court of Appeals for the Federal Circuit in Washington, D.C., issued a bizarre ruling that plaintiffs are not entitled to bring a lawsuit to protect themselves from Monsanto’s transgenic seed patents “because Monsanto has made binding assurances that it will not take legal action against growers whose crops might inadvertently contain traces of Monsanto biotech genes” as stated anonymously on the company’s website.

Farmers find this ruling inconclusive and insufficient to protect their future economic interests since the Court of Appeals readily admitted that contamination from Monsanto’s genetically engineered crops is “inevitable.”

This Appellate Court ruling importantly validated that farmers do have a legitimate fear of contamination, something that the court and Monsanto’s own attorney, former Solicitor General Seth Waxman, admitted in court during oral arguments.

Despite dismissing the farmers’ and seed growers’ case, the Court of Appeals ruling found the likelihood of contamination significant enough to order by estoppel that Monsanto make good on its promise not to sue farmers that are “inadvertently contaminated with up to one percent of seeds carrying Monsanto’s patented traits.”

“As a seed grower, who has spent the past 37 years of my life protecting and maintaining the integrity of my seed stock to provide clean, wholesome food to my customers, I find it unconscionable that Monsanto can contaminate mine or my neighbors’ crops and not only get away with it, but potentially sue us for patent infringement,” said Jim Gerritsen, an organic seed farmer on Wood Prairie Farm in Maine and president of lead Plaintiff OSGATA.

”The appeals court ruling fails to protect my family and our farm and has only complicated matters,” said Gerritsen.

Because of the insidious nature of GMO contamination and the fact that pollen naturally blows or migrates to neighboring fields, contamination of farmers’ fields above one percent is both predictable and unavoidable.

Already, reports of contamination across North America exceeding one percent have led an increasing number of farmers to incur considerable costs in testing their crops and seed supply for transgenic contamination or actually forgo planting of certain crops in order to maintain seed purity.

Significant contamination events happened in the U.S. this year alone, with an unapproved experimental variety of Monsanto’s GMO wheat discovered in a farmer’s field inOregon this past May. According to the U.S. Department of Agriculture (USDA), the illegal GMO wheat had been field-tested between 1998 through 2005, but never approved by the USDA.

Its discovery sent shockwaves through international markets and caused Japan and South Korea to halt shipments of U.S. wheat for more than a month.

A similar event occurred in September when a Washington state farmer reported that his hay was rejected for export because it tested positive for contamination from Monsanto’s genetically engineered alfalfa.

“For farmers, recent events in Washington and Oregon make clear that the damages of contamination are far-reaching in their impacts on farmers’ economic survival, can be permanent and irreversible in their harm to our food supply and only can be properly redressed by a favorable ruling from the Supreme Court,” said Dave Murphy, founder and executive director of Food Democracy Now!, a grassroots advocacy group based in Iowa and a plaintiff in the case.

“It’s time to end Monsanto’s campaign of fear against America’s farmers and stand up for farmers’ right to grow our food without legal threats and intimidation. America must no longer allow Monsanto to contaminate our food supply and destroy the livelihoods of farmers. Farmers deserve protection from these abuses,” said Murphy.

Farmers expect to hear whether or not the U.S Supreme Court will hear their case next year and eagerly await their day in court.

Originally published by EcoWatch

Article Tabs

Deutsche Bank, Libor, Georgina Philippou, Barclays

The penalties on Germany’s largest bank also involve a guilty plea to the Department of Justice.

Edward Snowden, whistleblowers, NSA surveillance programs, American Civil Liberties Union, Reform Government Surveillance coalition, Patriot Act

According to a worldwide poll, a large and important segment of global society sees Edward Snowden as hero and whistleblower — and its members are the future.

police killings, police brutality, Freddie Gray

Outrage over the police killing of 25-year-old Freddie Gray in Baltimore continued on Thursday after hundreds demonstrated in front of the Western District police station where Gray was taken following his arrest on April 12.

This Earth Day, an apology to future generations from Prince Ea.

Trans-Pacific Partnership, TPP, fast track authority, Bernie Sanders, wealth inequality, income inequality, populist candidate, money in politics, Citizens United

Whether or not this opponent of the billionaire class, corporate greed, Wall Street and environmental degradation – and this champion of working people, the unemployed, retirees, and student debtors – is our next president will be entirely up to us.

The number of homeless children has grown by 60 percent in the past six years.

Posted 6 days 46 min ago

“We are convinced that the entire public interest is at stake, whether water, energy, health, and public transport – the communities are largely deprived of their ability to act."

Posted 5 days 9 min ago
Danish wind power, Danish renewables movement, wind power technology

Wind power in Denmark has created tens of thousands of jobs, yet it's still facing stiff opposition from corporations and politicians.

Posted 4 days 20 min ago
99%, occupy, OWS

What happened to Occupy should serve as a warning to everyone about the dangerous fusion of corporate interests and our public institutions.

Posted 4 days 14 min ago
fast track legislation, fast track authority, Trans-Pacific Partnership, TPP, Bernie Sanders, corporate trade deal

This job-killing trade deal has been negotiated in secret, drafted with input by special interests and corporate lobbyists but not from the American people.

Posted 2 days 19 hours ago

With insider trading, kickbacks and money laundering marring the reputation of corporations both small and large, some are coming to associate Wall Street with organized fraud and unchecked corporate greed.

FBI, Innocence Project

The Justice Department and FBI have formally acknowledged that nearly every examiner in an elite FBI forensic unit gave flawed testimony in almost all trials in which they offered evidence against criminal defendants over more than a two-decade period before 2000.

“We are convinced that the entire public interest is at stake, whether water, energy, health, and public transport – the communities are largely deprived of their ability to act."

Danish wind power, Danish renewables movement, wind power technology

Wind power in Denmark has created tens of thousands of jobs, yet it's still facing stiff opposition from corporations and politicians.

police killings, police brutality, Freddie Gray

Outrage over the police killing of 25-year-old Freddie Gray in Baltimore continued on Thursday after hundreds demonstrated in front of the Western District police station where Gray was taken following his arrest on April 12.

Sign Up