The fourth largest crop in the United States is alfalfa, of which 5 percent is exported to

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The fourth largest crop in the United States is alfalfa, of which 5 percent is exported to Japan. Round Up Ready alfalfa is genetically engineered to resist glyphosate, the active ingredient in the herbicide Round Up. The U.S. Department of Agriculture (USDA) regulates genetically engineered agricultural products through the Animal and Plant Health Inspection Service (APHIS). APHIS concluded that Round up Ready alfalfa does not have any harmful effects on the health of humans or livestock and deregulated it. Geertson Seed Farms and others filed a suit in a federal district court against Mike Johanns (the secretary of the USDA) and others, asserting that APHIS’s decision required the preparation of an environmental impact statement (EIS). The plaintiffs argued, among other things, that the introduction of Round Up Ready alfalfa might significantly decrease the availability of, or even eliminate, all non genetically engineered varieties. The plaintiffs were concerned that the Round Up Ready alfalfa might contaminate standard alfalfa because alfalfa is pollinated by bees, which can travel as far as two miles from a pollen source. If contamination occurred, farmers would not be able to market “contaminated” varieties as “organic”; this, in turn, would affect the sales of “organic” livestock and exports to Japan, which does not allow the import of glyphosate-resistant alfalfa. Should an EIS be prepared in this case? Why or why not?

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Business Law Today The Essentials

ISBN: 978-0324786156

9th Edition

Authors: Roger LeRoy Miller, Gaylord A. Jentz

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