Judge Sides with Monsanto in Lawsuit
Ridicules Connecticut NOFA Farmers' Right to Grow Food without Genetic Contamination and Economic Harm
New York, NY -
Judge Naomi Buchwald's February 24 decision dismissing the case of
Organic Seed Growers and Trade Association et al v. Monsanto was met
with great disappointment by organic farmers, seed growers and
agricultural organizations, including CT NOFA—and a renewed commitment
to fight on.
Daniel
Ravicher, lead attorney for the 81 plaintiffs represented in the
lawsuit, said, "While I have great respect for Judge Buchwald, her
decision to deny farmers the right to seek legal protection from one of
the world's foremost patent bullies is gravely disappointing."
"Her
belief," added Ravicher, "that farmers are acting unreasonably when
they stop growing certain crops to avoid being sued by Monsanto for
patent infringement, should their crops become contaminated, maligns the
intelligence and integrity of those farmers."
Ravicher
said the judge failed to address the purpose of the Declaratory
Judgment Act and mischaracterized the Supreme Court precedent that
supports the farmers' standing. "In sum, her opinion is flawed on both
the facts and the law. Thankfully, the plaintiffs have the right to
proceed to the Court of Appeals, which will review the matter without
deference to her findings," the attorney said.
Monsanto's
history of aggressive investigations and lawsuits brought against
farmers in America has been a source of concern for organic and non-GMO
agricultural producers since Monsanto's first lawsuit brought against a
farmer in the mid-‘90s. Since then, 144 farmers have had lawsuits filed
against them by Monsanto for alleged violations of their patented seed
technology.
Monsanto
has sued more than 700 additional farmers who have settled out-of-court
rather than face Monsanto's belligerent, and well-financed, litigious
actions.
Many
of these farmers claim to not have had the intention to grow or save
seeds that contain Monsanto's patented genes. Seed contamination and
pollen drift from genetically engineered crops often migrate to
neighboring fields. If Monsanto's seed technology is found on a farmer's
land without a contract the farmer can be found liable for patent
infringement.
"Family
farmers need the protection of the court," said Maine organic seed
farmer Jim Gerritsen, President of the Organic Seed Growers and Trade
Association, the lead plaintiff.
Gerritsen
added, "We reject as naïve and indefensible the judge's assertion that
Monsanto's vague public relations 'commitment [not to sue farmers for 'trace amounts' of their seeds are genetically engineered traits], should be 'a source of comfort' to plaintiffs. The truth is we are under threat and we do not believe Monsanto."
The
plaintiffs brought the suit against Monsanto to seek judicial
protection from such lawsuits and challenge the validity of Monsanto's
patents on seeds.
"Monsanto
is the big biotechnology bully and has used the courts, for years, to
intimidate farmers," said Mark A. Kastel, Senior Farm Policy Analyst at
The Cornucopia Institute, another plaintiff. "The purpose of our
lawsuit is to preemptively challenge its reign of intimidation over
organic farmers, and others, who have chosen not to jump on their
genetically engineered bandwagon."
Another plaintiff, organic farmer Bryce Stephens of Kansas, added, "As a citizen and property owner, I find the Order by the Federal Court to be obsequious to Monsanto."
"Seeds
are the memory of life," said Isaura Anduluz of plaintiff Cuatro
Puertas in New Mexico. "If planted and saved annually, cross
pollination ensures the seeds continue to adapt. In the Southwest,
selection over many, many generations has resulted in native drought
tolerant corn. Now that a [Monsanto's] patented drought tolerant corn
has been released how do we protect our seeds from contamination and our
right to farm?"
A copy of Judge Buchwald's ruling is located here
To learn more about the lawsuit, come to Dan Ravicher's workshop at the CT NOFA Winter Conference this Saturday, March 3 at Manchester Community College. |
No comments:
Post a Comment