Monsanto Files Reply Brief With U.S. Supreme Court Over Alfalfa Ban

"This case is about fairness and choice for farmers," said David F. Snively, Monsanto General Counsel. "Farmers should be able to count on USDA approvals of biotech crops and know that any challenges to those approvals will be reviewed based on scientific evidence."

22 Apr 2010 --- Monsanto Company and their seed partner company, Forage Genetics International (FGI), filed a final reply brief with the U.S. Supreme Court in preparation for the upcoming oral arguments of Monsanto Co. v. Geertson Seed Farms, scheduled for April 27.

"This case is about fairness and choice for farmers," said David F. Snively, Monsanto General Counsel.  "Farmers should be able to count on USDA approvals of biotech crops and know that any challenges to those approvals will be reviewed based on scientific evidence."

In January, the Supreme Court granted Monsanto's petition for review of a federal district court order which halted planting of Roundup Ready alfalfa in 2007.  That action was ordered by the district court without a full consideration of the evidence, without deference to the USDA's expertise, and cost farmers the right to continue using a valuable seed technology that was previously authorized by USDA. 

Notably, the briefs filed by the U.S. government reinforce Monsanto and FGI's position that the district court erred in fashioning the injunction in this case.

According to the Reply Brief for The Federal Respondents Supporting Petitioners, "Even when a federal agency is found to have violated the National Environmental Policy Act (NEPA), an injunction is appropriate only to the extent that the plaintiff would otherwise suffer irreparable harm.  The district court erred in refusing to defer to APHIS's scientific expertise, and the court of appeals likewise erred in upholding the district court's overly broad injunction."

22 Apr 2010 --- Monsanto and FGI's position finds additional support from a broad variety of industry groups.  Five friends-of-the-court briefs have been filed by a total of 18 groups who also want to protect every American farmer's right to choose biotechnology.  Groups filing Amici Curiae briefs include:

• American Farm Bureau Federation, Biotechnology Industry Organization, American Seed Trade Association, American Soybean Association, National Alfalfa and Forage Alliance, National Association of Wheat Growers, National Cotton Council and National Potato Council
• Sugarbeet Growers Association, U.S. Beet Sugar Association and National Corn Growers Association.
• The Chamber of Commerce of the United States of America, American Petroleum Institute, National Association of Home Builders, and CropLife America 
• The Washington Legal Foundation and Allied Education Foundation
• The Pacific Legal Foundation

Roundup Ready alfalfa was reviewed by the Food and Drug Administration (FDA) and was approved by USDA, and first went on the market in 2005.  Prior to the injunction, Roundup Ready alfalfa was planted by approximately 5,500 growers across 263,000 acres.  Alfalfa is the fourth-largest crop grown in the U.S. with 23 million acres grown in 48 U.S. states annually.