St. Louis-Monsanto Co. is considering appealing a court-ordered delay in resuming planting of Roundup Ready alfalfa. The U.S. District Court for northern California recently declared that the Dept. of Agriculture must first complete an environmental impact statement, but that Roundup Ready alfalfa planted by March 30 can still be grown, harvested, and sold as forage. The injunction was issued in a lawsuit brought by the Center for Food Safety and others against the USDA (Geertson Seed Farms Inc., et al., v. Mike Johanns, et al.). Monsanto petitioned the court to become a party and is reviewing its options, including an appeal. The court upheld its decision that the USDA did not adequately follow NEPA procedures before deregulating, and under the Plant Protection Act would have to prepare an environmental impact statement in place of the environmental assessment that was completed. The Center for Food Safety and others brought the suit against USDA over concerns that biotech alfalfa could cross-pollinate with conventional alfalfa, but Monsanto claims the two types of forage can be grown on the same operation.
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