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	View Edit Domain: GreenBio Title: * Body: USDA lawyers say a U.S. Supreme Court decision on genetically engineered alfalfa supports their argument against a total ban of biotech sugar beets.<br /> <br /> USDA argued in a court brief filed July 15 that instead of a total injunction against the production and planting of Monsanto Co.'s Roundup Ready sugar beet seeds, Judge Jeffrey White should order tailored restrictions.<br /> <br /> To follow the high court's precedent, such restrictions should avoid undue impact on the industry by allowing the crop where its potential for harm is minimal, USDA said.<br /> <br /> "(T)he Monsanto decision establishes that this court should not impose the injunctive relief sought by plaintiffs," defendants wrote.<br /> <br /> White ruled in September 2009 that a decision by USDA's Animal and Plant Health Inspection Service to deregulate Monsanto's sugar beets must be supported by an environmental impact statement to satisfy federal rules.<br /> <br /> The decision ran parallel to a 2007 ruling on Monsanto's biotech alfalfa. In that case, a subsequent injunction halted virtually all use of the seeds while APHIS produced the environmental document.<br /> <br /> But on June 21, the U.S. Supreme Court rejected that injunction. Justices ruled that the federal court should have shaped the interim restrictions to reduce impacts on the industry while still preventing cross-pollination with other crops and weeds.<br /> <br /> USDA lawyers further argued in their brief that, following the high court's precedent, White should not restrict APHIS from formulating a partial-deregulation plan that could replace an injunction.<br /> <br /> However, the plaintiffs — the Center for Food Safety, Organic Seed Alliance, Sierra Club and High Mowing Organic Seeds — argue that while they seek to immediately prohibit all use of biotech sugar beets, they are not seeking to bar USDA from trying to partially deregulate the crop.<br /> <br /> A partial-deregulation plan would require its own environmental studies and could likewise be challenged in court.<br /> <br /> "We know very well that Judge White can't issue such an injunction" because of the alfalfa decision, said the plaintiffs' lead attorney, Paul Atchitoff of Earthjustice.<br /> <br /> But the plaintiffs still seek a total ban, which the Supreme Court ruled against in the alfalfa case.<br /> <br /> USDA lawyers further asked the court to delay any remedy until March. They want the court to allow interim-use rules suggested by APHIS, and the agency would need that time to implement the rules, USDA said.<br /> <br /> The two sides are scheduled to argue over the injunction on Aug. 9 in White's San Francisco courtroom.<br /> <br /> A Justice Department spokesman declined to comment on the case. <br /> <br /> Copyright © 2009-2010 Capital Press, MediaSpan and The Associated Press where indicated. All rights reserved.<br /> Captcha: Please Enter Code : * Time Zone: * Select the time zone Vocabularies Newsletter: Domain: Show summary in full view Input format Filtered HTML Web page addresses and e-mail addresses turn into links automatically. Lines and paragraphs break automatically. Full HTML Web page addresses and e-mail addresses turn into links automatically. Lines and paragraphs break automatically. news_filter Web page addresses and e-mail addresses turn into links automatically. More information about formatting options			Related Articles Biotech opponents could receive millions Disgruntled GMO firms start pulling out of EU market Mexico rejects Monsanto's GMO corn Co-Existence Can Work For Alfalfa Growers Improving Crops from the Roots Up Genetic Buzzer-Beater Genes May Save Fish Dow AgroSciences, BioDuro to Collaborate on Crop Protection ... Monsanto gets Mexico’s nod for GM maize pilot project Sugar Beets Benefit from Scientific Support Regulation of GE Sugar Beet and Alfalfa Crops Continues to B... Top GreenBio Articles

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