Article: Biotech Crop Litigation Update

ABA Environmental Litigation and Toxic Torts Committee Newsletter, August 2009, by Guy T. Knudsen. 11 NO. 2 ABA Envtl. Litig. & Toxic Torts Committee Newsl. 5

Genetically modified ("transgenic" or "biotech") crops have transformed U.S. agriculture, but almost 15 years after the first commercial introduction of transgenic corn, the release and production of biotech crops remains controversial and litigious. In the past couple of years, some significant cases have continued to alter the playing field for companies producing, marketing, or seeking federal regulatory approval for transgenic crops. Some of these cases reflect an increasingly sophisticated legal and public relations approach by anti-biotech plaintiffs. Claims based on environmental laws and regulations have the potential to be bolstered with common law tort theories of liability (i.e., negligence, trespass, or nuisance). . .

Post by Donna M. Byrne, Professor of Law, William Mitchell College of Law

.