April 26, 2010
Supreme Court to hear arguments in GE Crop case Monsanto v. Geertson Seed Farms Tomorrow
The U.S. Supreme Court will hear arguments in Monsanto v. Geertson Seed Farms tomorrow. This is the Roundup Ready Alfalfa case, in which plaintiffs challenged USDA's (APHIS's) deregulation of genetically engineered alfalfa under the NEPA.
The issues on which cert was granted don't have much to do with genetically engineered crops, per se, but the this is all exciting anyway.
All of the briefs are available on the SCOTUS Wiki website, which presents the issues as follows:
Issues: (1) Whether plaintiffs under the National Environmental Policy Act are specially exempt from the requirement of showing a likelihood of irreparable harm to obtain an injunction; (2) whether a district court may enter an injunction sought to remedy a NEPA violation without conducting an evidentiary hearing sought by a party to resolve genuinely disputed facts directly relevant to the appropriate scope of the requested injunction; and (3) whether the Ninth Circuit erred when it affirmed a nationwide injunction that sought to remedy a NEPA violation based on only a remote possibility of reparable harm.
Post by Donna M. Byrne, Professor of Law, William Mitchell College of Law
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