Attorneys for the Center for Food Safety (CFS) and Earthjustice filed a lawsuit against the USDA, arguing that the agency’s recent unrestricted approval of genetically engineered (GE), “Roundup Ready” Alfalfa was unlawful. The GE crop is engineered to be immune to the herbicide glyphosate, which Monsanto markets as Roundup. USDA data show that 93% of all the alfalfa planted by farmers in the U.S. is grown without the use of any herbicides. With the full deregulation of GE alfalfa, USDA estimates that up to 23 million more lbs. of toxic herbicides will be released into the environment each year.

“USDA has once again failed to provide adequate oversight of a biotech crop,” said Andrew Kimbrell, executive director of the Center for Food Safety. “This reckless approval flies in the face of overwhelming evidence that GE alfalfa threatens the rights of farmers and consumers, as well as significant harm to the environment. APHIS has refused to apply and enforce the law and instead has chosen to bow to the wishes of the biotech industry.”

This is the second case challenging the legality of USDA’s handling of GE alfalfa. In 2007, in another case brought by CFS, a federal court ruled that the USDA’s approval of the engineered crop violated environmental laws by failing to analyze risks such as the contamination of conventional and organic alfalfa, the evolution of glyphosate-resistant weeds, and increased use of Roundup. The case resulted in USDA undertaking a court-ordered four-year study of GE alfalfa’s impacts under the National Environmental Policy Act (NEPA). Remarkably, it marked the first time USDA had ever undertaken such a study, known as an Environmental Impact Statement (EIS), in over 15 years of approving GE crops for commercial production. While USDA worked on the EIS, GE alfalfa remained unlawful to plant or sell, a ban that remained in place despite Monsanto appealing the case all the way to the U.S. Supreme Court.

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