The Great Deception -> Gm Crops Go To Us High Court

Gm Crops Go To Us High Court, 1st GMO case in Supreme Court!

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jofortruth

Posted: Apr 26 2010, 09:31 PM

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GM Crops Go to US High Court, Environmental Laws on the Line
http://www.truthout.org/genetically-modifi...high-court58876
http://www.infowars.com/gmo-case-before-supreme-court/

Monsanto Co. v. Geertson Seed Farms
http://www.oyez.org/cases/2000-2009/2009/2009_09_475

QUOTE

Facts of the Case:

Geertson Seed Farms ("Geertson") and Trask Family Seeds ("Trask") sought an injunction against Monsanto Company ("Monsanto") in a California federal district court. Geertson and Trask feared that the wide-scale sale of a new Monsanto alfalfa variety, resistant to one of the company's herbicides, would lead to cross-pollination with Geertson's and Trask's conventional alfalfa variety and thereby lead to its disappearance. The district court granted the injunction pending an Environmental Impact Statement ("EIS") about the effect of Monsanto's new alfalfa variety.

On appeal, the U.S. Court of Appeals for the Ninth Circuit affirmed holding that the injunction was appropriate and that an evidentiary hearing was not required before the issuance of the injunction.

Question:

1) Did the Ninth Circuit err in holding that the plaintiffs are exempt from showing a "likelihood of irreparable harm" to obtain an injunction?

2) Did the Ninth Circuit err in holding that a district court may enter an injunction without conducting an evidentiary hearing?

jofortruth	Posted: Apr 27 2010, 09:44 AM
Administrator Group: Admin Posts: 31,683 Member No.: 1 Joined: 1-May 07	A Similar Case happened in Canada - Monsanto v. Schmeiser. Monsanto destroyed his crops with their GMO crap: http://z4.invisionfree.com/The_Great_Decep...?showtopic=3856 He sued and at least got restitution! Monsanto has this god-complex and is trying to force GMO on the public. They are being sued left and right currently. This case could have major repercussions!

jofortruth

Posted: Apr 27 2010, 09:49 AM

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The National Environmental Policy Act (NEPA):
http://ceq.hss.doe.gov/
http://www.epa.gov/Compliance/nepa/

QUOTE

Signed into law by President Richard Nixon on January 1, 1970, NEPA set forth a bold new vision for America.� Acknowledging the decades of environmental neglect that had significantly degraded the Nations landscape and damaged the human environment, the law was established to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans.

QUOTE

The National Environmental Policy Act (NEPA) requires federal agencies to integrate environmental values into their decision making processes by considering the environmental impacts of their proposed actions and reasonable alternatives to those actions.

To meet NEPA requirements federal agencies prepare a detailed statement known as an Environmental Impact Statement (EIS). EPA reviews and comments on EISs prepared by other federal agencies, maintains a national filing system for all EISs, and assures that its own actions comply with NEPA.

jofortruth

Posted: Apr 27 2010, 09:55 AM

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Two Organizations, of many, that have filed Amicus Briefs in this case: (In main article above):

1) Center for Biological Diversity (Noah Greenwald) (Looks like these guys are on the side of animals. Where do people play in this guys? Any concerns for us?)
http://www.biologicaldiversity.org/

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"has broad implications for how governments do environmental analysis and when they need to prepare impact statements (EIS reviews)."

2) Union of Concerned Scientists (Doug Gurian-Sherman)
http://ucsusa.org/food_and_agriculture/sci...real-scoop.html

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"Pointed to the need for the type of citizen oversight of the government's own oversight that is granted by statutes like NEPA."

Failure to Yield Evaluating the Performance of Genetically Engineered Crops (A doc they wrote):
http://www.ucsusa.org/assets/documents/foo...re-to-yield.pdf

QUOTE

The goal of the UCS Food and Environment Program is a food system that encourages innovative and environmentally sustainable ways to produce high-quality, safe, and affordable food, while ensuring that citizens have a voice in how their food is grown.

jofortruth	Posted: Apr 27 2010, 09:57 AM
Administrator Group: Admin Posts: 31,683 Member No.: 1 Joined: 1-May 07	USDA - US Dept of Agriculture - Suzanne Bond: http://www.usda.gov/wps/portal/usda/usdahome She is in the USDA Animal and Plant Health Inspection Services (APHIS) area: http://www.aphis.usda.gov/ IMO, the elite have their goons in this agency as well as most of them doing their bidding and it is all NWO-related! USDA Organization Chart: http://www.usda.gov/img/content/agencyworkflow.jpg

jofortruth	Posted: Apr 27 2010, 10:00 AM
Administrator Group: Admin Posts: 31,683 Member No.: 1 Joined: 1-May 07	Ex Monsanto Lawyer Clarence Thomas to Hear Major Monsanto Case http://www.celsias.com/article/ex-monsanto...ear-major-mons/ Lets hope he won't be influenced by his ties to Monsanto in the past! Surely, he will have more ethics than that! I wonder how many other Supreme Court judges have ties to Monsanto. Their tentacles are everywhere, so I bet there are others.

jofortruth

Posted: Apr 27 2010, 10:01 AM

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The Lower California Court's Decision (This is the one that was appealed to the Supreme Court):
http://www.scribd.com/doc/1444853/USDA-Alf...Ruling-20070503

Roundup Ready beets in jeopardy:
http://powelltribune.com/index.php/content/view/2649/1/

QUOTE

Roundup Ready beets in jeopardy

Written by Judy Killen Thursday, September 24, 2009

2009 crop unaffected by judge�s decision

A federal judge in California has overturned USDA approval of Roundup Ready sugar beets in a move that could halt planting of the genetically-altered crop next year.

Luther Markwart, executive vice president of the American Sugar Beet Growers Association in Washington, D.C., said Wednesday that the ruling will not affect the sugar beet harvest that began in Powell last week.

�The bottom line, this (2009) crop is fine,� Markwart said by telephone from Washington, D.C. Details are limited, he said.

�There�s not a lot we can say right now,� Markwart said. How the ruling will affect the 2010 sugar beet crop remains to be seen, he said.

U.S. District Judge Jeffrey White in San Francisco on Monday granted a summary judgment to the plaintiffs. White found the U.S.

Department of Agriculture�s Animal and Plant Health Inspection Service (APHIS) violated environmental law by ordering only an environmental assessment, not a full-blown environmental impact statement, before approving commercial release of Roundup Ready sugar beets.

He ordered APHIS to complete an environmental impact statement. APHIS officials are reviewing the ruling, said spokeswoman Suzanne Bond.

Roundup Ready beets have been genetically developed to tolerate glyphosate, the active ingredient in Roundup, a Monsanto Co. herbicide.

Monsanto is not named as a defendant in the lawsuit filed against the USDA by groups including the Center for Food Safety, the Organic Seed Alliance, the Sierra Club and High Mowing Trading Seeds.

Western Sugar Cooperative and Wyoming Sugar Co. are among United States sugar producers that, along with seed companies and Monsanto, filed briefs opposing the groups� motion for summary judgment.

Ric Rodriguez, a Heart Mountain sugar beet grower and a member of the Western Sugar board of directors, said Wednesday no Western Sugar officials would comment on the judge�s ruling pending review by company lawyers.

�We don�t know exactly what�s going to happen,� Rodriguez said. A press release will be issued, he said.

Cal Jones, chief executive officer of Wyoming Sugar Co. in Worland, said Wednesday he could not answer any questions about the lawsuit or Monday�s ruling.

He had no comment about any aspect of the suit, he said. Wyoming Sugar Co. was the first U.S. company to begin commercial production of Roundup Ready sugar beets.

White wrote in his ruling that APHIS gave only cursory review, rather than a �hard look,� at whether Roundup Ready beet pollen could be blown by the wind long distances and contaminate other similar crops, such as other sugar beets, chard or table beets.

�The potential elimination of farmers� choice to grow nongenetically engineered crops, or consumers� choice to eat nongenetically engineered food ... has a significant effect on the human environment,� White wrote.

In the environmental assessment, officials from APHIS found no significant impact from Roundup Ready beets, noting that if pollen spread the genes to wild beets, they were considered a weed and no cause for concern.

Markwart said the �remedy phase� of the lawsuit begins with an Oct. 30 scheduling conference. At that meeting, lawyers and Judge White will lay out a hearing schedule. Markwart said future hearings involving witnesses and testimony may be scheduled anywhere from November through January.

Markwart said the lawsuit focuses on seed production, rather than commercial production. Most sugar beet seed is produced in Oregon�s Willamette Valley. Sugar beets are grown on 1.1 million acres in 11 states from Michigan to California, Markwart said.

Sugar beets are dug for commercial production the first year they are planted. Seed is produced in a beet�s second year.

The ruling was a second blow for St. Louis-based Monsanto�s Roundup Ready crops. While soy beans, corn, cotton, and canola genetically engineered to withstand Roundup have been in wide commercial production for years, a similar ruling in 2007 banned planting Roundup Ready alfalfa until a re-examination was completed. That environmental impact statement is not done yet.

Roundup Ready beet seed saves growers on labor, fuel costs and equipment wear.

But organic farmers, food safety advocates and conservation groups who brought the lawsuit will ask the judge Oct. 30 for an injunction banning new plantings until the re-examination is done, said Earthjustice attorney Paul Achitoff.

Markwart said he did not know how much conventional � or nongenetically altered � seed was available if the judge grants the ban.

�Clearly we are going to vigorously defend our farmers� freedom to plant Roundup Ready sugar beets,� Markwart said. �All this has to do with how we make our case.�

Monsanto spokesman Garrett Kasper said from company headquarters in St. Louis that the ruling was largely procedural and did not question the safety of Roundup Ready crops.

�The issue of weed resistance, as far as we are concerned, is something that is able to be controlled through the properties of chemicals and working with our technical advisers in the field,� he said. �Roundup Ready technology uses less herbicide than conventional, which is why it was so readily adopted by growers.�

Why doesn't this writer check out what Monsanto is up to. They are not being honest and their goal is to control our food system in the end. Once they have all their patents and control our crops in total, it is over for the people. This is about monopoly, not helping the planet!

jofortruth	Posted: Apr 27 2010, 10:16 AM
Administrator Group: Admin Posts: 31,683 Member No.: 1 Joined: 1-May 07	Just like the big bankers pushed for deregulation of the Financial industry years ago (they got rid of Glass Steagall that kept investment and banking separate so they could bring in their derivatives fraud), which led to their corruption of the current financial system. Now we have Monsanto trying to do the same thing in the Agricultural system, so they can bring in their GMO garbage into our food and eventually control our food system. The ELITE and their goons are out of control in every segment of our society! They want a monopoly on the basics of life, so they can control us! What was Glass Steagall? http://z4.invisionfree.com/The_Great_Decep...?showtopic=4462

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