Fighting Roundup Ready Alfalfa
In Geertson Seed Farms v. USDA, Center for Food Safety challenged USDA's approval of Monsanto's Roundup Ready alfalfa. The case centered on environmental review requirements and the threat of genetic contamination to conventional and organic crops.
Case Overview (Geertson Seed Farms v. USDA)
In 2005, USDA granted nonregulated status to Monsanto’s Roundup Ready alfalfa, a genetically engineered variety designed to tolerate glyphosate herbicide applications. Plaintiffs, including Geertson Seed Farms, Trask Family Seeds, and Center for Food Safety, challenged the approval in 2007, arguing that USDA failed to adequately evaluate environmental and economic impacts before commercialization.
The lawsuit alleged that USDA violated the National Environmental Policy Act (NEPA) by approving the crop without preparing a full Environmental Impact Statement (EIS) and failed to adequately assess risks associated with genetic contamination, herbicide-resistant weeds, and impacts on conventional and organic agriculture.
Outcome and Significance
In 2007, 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, this was 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.
In 2010, the U.S. Supreme Court ruled in Monsanto Co. v. Geertson Seed Farms. Although the Court lifted a nationwide injunction, it left intact the lower court’s ruling requiring USDA to complete additional environmental review. While USDA worked on the EIS, GE alfalfa remained unlawful to plant or sell.
The decision affirmed that genetic contamination can constitute environmental and economic harm and established an important precedent for environmental review of genetically engineered crops.
The case remains one of our most significant victories in ensuring federal agencies fully evaluate the impacts of genetically engineered crops before approval.
Key Issues in Geertson Seed Farms v. USDA
Pollen from genetically engineered alfalfa can spread to conventional and organic fields through gene flow, resulting in unwanted contamination and economic losses for farmers.
The GE crop is engineered to be immune to the herbicide glyphosate, which Monsanto markets as Roundup. At the time the case was filed, USDA data showed that 93% of all the alfalfa planted by farmers in the U.S. was grown without the use of any herbicides. With the full deregulation of GE alfalfa, USDA estimated that up to 23 million more pounds of toxic herbicides will be released into the environment each year.
The case also highlighted potential harm to conventional and organic seed producers, including loss of export markets, increased testing costs, and reduced ability to market crops as non-genetically engineered.
The litigation established important precedent for federal oversight of genetically engineered crops and reinforced the requirement that agencies conduct meaningful environmental review before approving actions with potentially significant impacts.
