A federal district court has ruled that genetically engineered (GE) organisms must be regulated by the U.S. Department of Agriculture (USDA), overturning an Animal and Plant Health Inspection Service (APHIS) final rule which, according to plaintiffs, "effectively abandoned federal government regulation of GE organisms" in lieu of industry oversight.
"Today's Court decision is a victory for family farms, consumers, and the environment. If the agrochemical industry is allowed to determine the approval of their patented products, farmers will have no measure of fairness in the seed market."
- Jim Goodman, Board President of plaintiff National Family Farm Coalition
Until a 2020 rule overhaul, nearly all GE plants went through APHIS approval before experimental planting and again before any commercial use. APHIS recognized that GE crops came with some environmental concerns, such as organic and conventional crop contamination from GE crops and market closures, significant increase in pesticide use, and the proliferation of pesticide-resistant "superweeds."
Despite these stated concerns, plaintiffs in the case argued that the rule change violated numerous environmental laws, including the Endangered Species Act, the National Environmental Policy Act, and the Plant Protection Act, and represented a total reversal after more than a decade of recognizing the harms of novel GE technology.
Federal court rules in favor of federal oversight of GE crops
The court ruled in the plaintiffs' favor, holding that the agency acted arbitrarily and capriciously, and that the regulations violate the Plant Protection Act and the Administrative Procedure Act.
"This ruling restores the basic oversight necessary to protect our water, soil, air, and communities from the corporate-driven cycle of pesticide dependence, weed resistance, pest resurgence, and reliance on ever more hazardous pesticides. That failed corporate model traps farmers on a treadmill that is catastrophic for biodiversity and human health, and it's high time we got off it."
- Rob Faux
Iowa Farmer and Communications Manager at Pesticide Action & Agroecology Network (PAN)
The plaintiffs in the case are the National Family Farm Coalition, Friends of the Earth, Pesticide Action Network, Center for Environmental Health, Center for Biological Diversity, and Center for Food Safety, all represented by counsel from the Center for Food Safety.
Read the court case here.
Regulation of GE Crops: A Brief History
Prior to the initial rule overhaul, some high-profile instances of transgenic contamination (the unintended cross-pollination of non-GE plants with the modified genetic material of GE plants) occurred, prompting the agency to publish a report entitled “Lessons Learned and Revisions under Consideration for APHIS’ Biotechnology Framework” that contained suggestions as to how APHIS could “enhance” its GE-plant rule.
In 2008, Congress passed legislation directing the agency to “take action on each issue
identified” in the aforementioned report. Despite this, APHIS promulgated a proposal that was implemented in 2020 which "categorically exempts GE plants created by conventional-breeding techniques."
This final rule was challenged by the aforementioned plaintiffs, and was overturned.
Do you have questions or concerns about how federal laws and regulations impact your business? Need assistance in advocating for regulatory changes? Our expert team is here to help!
Please email us at campaigns@agriculturalhempsolutions.com or give us a call at (202) 656-7023 today!
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