Here’s the Deal
Filed Under (Interesting Stuff) by maida on 24-06-2010
EDIT: If you’re at all interested in this issue, please refer to this article that explains this case in a nutshell (and does a much better job than I did).
A couple of days ago, I posted two news articles about the same Supreme Court decision. You can find that post here and read both of the stories. It seemed that different groups, each with an interested in the case, were spinning the news about the decision in their favor. I just wanted to know the facts and what the court decided, not the story swayed to fit a certain agenda, so I read the court’s decision myself. I hope I got it right. If I didn’t, please feel free to correct me.
The Background
The Devil (Monsanto), who makes the popular herbicide Roundup, together with Forage Genetics International (FGI) developed a seed of alfalfa that is resistant to glyphosate, the active ingredient in Roundup. So a farmer can plant this alfalfa seed (called Roundup Resistant Alfalfa or RRA) and use Roundup to control any weeds without killing the RRA. In 2004, Monsanto sought nonregulated status for this RRA. This nonregulated status refers to a section of the Plant Protection Act (PPA) that presumes genetically engineered plants to be
“plant pests” and are thus considered “regulated articles” until the Animal and Plant Health Inspection Service (APHIS) determines otherwise. Monsanto feels that their product is not a plant pest risk and therefore not subject to the applicable regulations, so they petition APHIS to grant nonregulated status to their RRA.
In order to make such a determination, the National Environmental Policy Act of 1969 (NEPA) requires federal agencies (that would be APHIS) to conduct an environmental impact statement (EIS). An EIS need not be completed if the agency (again, APHIS in this case) determines based on a shorter statement known as an environmental assessment (EA) that the proposed action presents no significant environmental impact. APHIS only completed an EA and decided to approve the unconditional deregulation of RRA. No EIS is ever conducted and RRA seeds began to be sold and planted.
Conventional alfalfa farmers and environmental groups banded together and sued challenging APHIS’ decision on the grounds that it violated NEPA by not conducting the EIS. The District Court in that case sided with these alfalfa farmers and environmental groups and agreed that, indeed, APHIS violated NEPA by deregulating RRA before conducting a detailed EIS. The District Court asked each side what remedy should be imposed. In the final judgment, the District Court rejected the remedies presented by both sides and sort of split the difference down the middle so that both sides sort of got what they were asking for. Ordinarily, the remedy for failure to conduct an EIS is to vacate the permit that was unlawfully given (as in revoke the permit). In this case, that would mean that any use of RRA would be prohibited. But because Monsanto had already begun selling these RRA seeds, farmers had already begun planting them and some farmers had already purchased the RRA seeds and had intended to plant them, the District Court was going to allow those seeds to be planted and used. Essentially, the Court decided that whatever was out there already could be used, but put a stop to the sale and use of any new RRA until the EIS could be completed, in effect partially deregulating RRA.
Here We Are
Monsanto didn’t like that decision and appealed, which brings us to this case now. The Supreme Court reviewed everything and has found that the District Court erred in partially deregulating the RRA because the law states that in order to deregulate in whole or in part, the EIS must first be done. The Supreme Court felt that the District Court abused its discretion here and decided to reverse the decision of the District Court.
Now, the USDA must decide whether or not to allow the GM seeds to be planted.
















Back to the juice. We received several bottles of it (an entire case). The ingredients list is pretty simple: 100% pomegranate juice from concentrate. No sugar or other additives, but the “from concentrate” part threw me for a loop. When a juice concentrate is made, it’s basically cooked to death into a syrup before being reconstituted back into a juice. And then the bottle is pasteurized (more heat). How this retains any nutritive properties of the pomegranate is anybody’s guess.




















