Sugar Beet Farmers Still in Limbo
Friday, March 5, 2010. According to the Capital Ag Press, Friday morning’s hearing regarding the GMO sugar beet injunction was a non-event. Instead of the anticipated decision on whether to grant the plaintiffs’ temporary injunction to stop the planting of genetically modified sugar beets, the issue was taken under further advisement by Judge White. The Judge had solicited over two hours of arguments by both sides to determine whether, under traditional injunction analysis, there is a threat of “irreparable harm” if the GMO sugar beets were to continue to be planted.
This genetically modified sugar beet was deregulated in
2005, yet the saturation of the beets in the industry currently hovers around
95% of the market. There is significant concern that if this injunction is
granted there will not be enough conventional sugar beet seeds available to
make up for the loss of GMO seeds. The shortage of seeds would lead to smaller
crops and higher prices. Both plaintiffs and defendants hope for a speedy
decision as planting season is fast approaching in the sugar beet heavy regions
of the country such as the Upper Midwest.
A similar issue regarding the use of an injunction by this
same District Court will be heard later in front of the U.S. Supreme Court in
the GE alfalfa case -- also an issue of alleged improper deregulation of a GMO
seed. In that case, Monsanto is arguing against the use of an injunction based solely
on the fact-finding of the Court in determining that USDA-APHIS did not
properly deregulate because it failed to conduct an EIS.
Craig Raysor