This (Roundup Ready court ruling) is only the tip of a very large, growing Wactivist/Judicial iceberg.
Did you see the court case just filed for pesticide that was transported to an organic herb field via fog? Nobody knew pesticides could be lifted off days-ago-sprayed crops and transported hundreds of yards onto neighboring crops.
In the California case just filed, the organic herb farmer (50 acres, newly arrived to the “neighborhood”) is suing the neighboring long-time veggie crop farmer and the contract spray company. Nobody asserts that the pesticides were misapplied, just that they ended up where they weren't supposed to reach. The herb crop had to be destroyed because that particular pesticide was not registered for use on the herb — so any residue at all was a technical residue violation. According to my ag legal scholar, Dr. Drew Kershen at Oklahoma, the case should be tossed on grounds it was not foreseeable and that under historic nuisance laws, the conventional farmers were there first and the remedy should be the organic farmer should pack up and farm where this newly-identified risk does not occur. But given the Breyer decision, nobody is holding their breath. The organic/biotech ag wars are about to finally boil to a head and it's long overdue. The organic wactivists have lived with reasonable coexistence standards for 50 years, i.e. 5 percent of legal pesticide MRL and no mandatory pesticide residue testing because it was always acknowledged that organic was a process-based standard, not a guarantee of purity (chemical or genetic).
Now they realize that they can use the absurd and novel claim of “genetic pollution” to roadblock their most serious competition for eco-conscious consumers via the courts. The conventional side is soon going to realize that the only way to fight this fire is with fire, and it'll get ugly and expensive quick. There was never more need for policy makers to nip this in the bud with clear, reasonable coexistence standards and to put to bed once and for all that you cannot contaminate corn with corn!
Director of Research
Center for Global Food Issues, Hudson Institute
Totally ludicrous legal decision
I totally agree with your article about California Federal District Court Judge Charles Breyer's insane decision.
The judge has shown extreme prejudice and should be removed from the legal system. Once he is removed, he should be forced to eat organic food the rest of his life.
Why should I have to pay more to feed my family because some special interest group influences a judge to ban perfectly good GMO crops?
Sometimes the greenies just go too far and I can't believe the judge was permitted to continue with his one sided non-scientific decision.
I live in California and I'm ashamed to say there are some uneducated people here who don't have a clue what is going on in today's world. If some entertainer jumps on a bandwagon, they don't even question what it's about — they just follow and pour their heart, soul, and money into some of the lamest, one-sided events. Any sane person would think it's not acceptable in the 21st Century. I really don't know how they get away with it. Maybe if Monsanto designed some disease-resistant marijuana or cocaine, they would see the benefits of GMO food. Don't worry, my wife and I are from California and we support all the good work that is being done to feed the world now and into the future. I know GMO food has to go through the same tests as every other piece of produce in the country.
Fort Bragg, Calif.