The U.S. District Court for the Northern District of California recently ruled that genetically engineered (GE) organisms must be regulated. The ruling overturns a 2020 rule overhaul by the first Trump administration that had eliminated most government oversight over GE crops, trees and grasses.
Genetic engineering is one of several routes researchers are taking to breed a citrus tree resistant to HLB disease.
The Center for Food Safety called the ruling a “rebuke” of efforts to “practically eliminate oversight of novel GE technology and instead let industry self-regulate.” Previously, the center stated, nearly all GE plants went through agency approval before experimental planting and again before any commercial use.
The Center for Food Safety and allies sued the U.S. Department of Agriculture (USDA) in 2021 to reverse the rollback, arguing that the rule change violated numerous environmental laws, including the Endangered Species Act, the National Environmental Policy Act and the Plant Protection Act. The court held that the regulations violate the Plant Protection Act and the Administrative Procedure Act.
The court’s decision sharply criticized the defendant federal agency for its abrupt reversal after more than a decade of recognizing the harms of novel GE technology. The court at various points held the agency decision was in “direct conflict with the conclusion of its own experts,” and was based on “perception and beliefs” that are merely “asserted as fiat untethered to a clear and sound analysis.” Despite USDA’s repeated admissions of the need for stronger — not lesser — regulations, the rule unlawfully ignored these concerns of GE crops’ risks.
“Summary judgment is granted in part to plaintiffs,” the court stated in its ruling. “The rule is vacated and remanded to the agency (USDA’s Animal and Plant Health Inspection Service) for further consideration in a manner consistent with this order.”
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.
Source: Center for Food Safety
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