Major Loss to Organic Farmers as Court Rules in Favor of Monsato

[Ladyhawke1]

http://www.commondreams.org/headline/2013/06/10-7



Published on Monday, June 10, 2013 by Common Dreams

Major Loss to Organic Farmers as Court Rules in Favor of Monsanto

Court throws out "pre-emptive strike" suit opting to trust promises of "world's most famous patent bully"

- Lauren McCauley, staff writer



In a major blow to organic farmers and food sovereignty advocates, the US Court of Appeals Monday has thrown out a lawsuit against Ag Giant Monsanto meant to protect organic growers against accusations of patent infringement by the "world's most famous patent bully."

(Photo via OSGATA.org) "The district court concluded that there was no justiciable case or controversy and dismissed for lack of jurisdiction. Because Monsanto has made binding assurances that it will not 'take legal action against growers whose crops might inadvertently contain traces of Monsanto biotech genes (because, for example, some transgenic seed or pollen blew onto the growers land),'and appellants have not alleged any circumstances placing them beyond the scope of those assurances, we agree that there is no justiciable case or controversy," stated the appellate court's ruling.

The aforementioned 'binding assurances' refer to a statement on the company's website which claims it has never been nor will it be Monsanto policy to exercise its patent rights where trace amounts of our patented seeds or traits are present in farmers fields as a result of inadvertent means.

Despite these claims, the company has thus far pursued over 800 patent cases against farmers who plant their genetically modified (GMO) RoundUp Ready seeds without paying the proper royaltywhether deliberate or notincluding a May Supreme Court ruling which favored the biotech company in a suit against Indiana soybean farmer Hugh Vernon, who planted unlabeled seeds he had purchased second-hand.

"It is a very bizarre ruling that relies on a paragraph on a website," said Andrew Kimbrell, a lawyer with the Center for Food Safety, which joined as a plaintiff in the suit. "It is a very real threat to American farmers."

The coalition who filed the suitwhich includes the Organic Seed Growers and Trade Association (OSGATA) and Maine Organic Farmers and Gardeners Association among over 20 othershad hoped the action would serve as a "pre-emptive strike" on behalf of organic farmers to protect against accusations of patent infringement in the case that their organic crops become contaminated by genetically modified (GM) seeds.

Reuters reports that Monsanto officials specifically refused to sign a covenant stating it would not sue the growers, though the court felt the website statement "was sufficient and would be binding."

The ruling comes as scientists grapple with the recent discovery of Monsanto's unapproved GMO wheat in an Oregon field, spurring concerns over potential contamination by the controversial GM seeds which can easily be spread by wind or pollinators.

"Monsanto is the world's most famous patent bully," OSGATA President, Jim Gerritsen, said ahead of the ruling. "Monsanto villainizes everyone they sue, and everyone they come up against becomes the bad guy."

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[897tgigvib]

Of course and naturally. This was not unexpected was it? Monsanto owns the supreme court. I don't even know why anyone would take action at all against Monsanto at the supreme boughtnsold court. Just waste time, money, and emotions. Come on, something more creative is needed. Mr. Monsanto needs to buy more islands for his illegitimate kids. who would an organic farmer think he is slowing that down by 5 minutes? and heck, won't be long before he starts having grandkids and illegitimate grandkids...

 

[seedcorn]

If non-organic would have been liable for their pollen, then organic would be held for liable for theirs. This would have been bad precedent that would have lawyers richer.

 

[Ladyhawke1]

If non-organic would have been liable for their pollen, then organic would be held for liable for theirs. This would have been bad precedent that would have lawyers richer.

Seedcorn, what are you blaming on Nature this time?

Percy Schmeiser (organic farmer) and others have already been sued by Monsanto (non-organic). His crops were contaminated by pollen from Monsantos crops. Monsanto accused him of the unauthorized use of their seed.

http://en.wikipedia.org/wiki/Percy_Schmeiser

Spock: One cannot have discourse with a coconut. It is illogical.
--------------------------------------------------------------------------------------
From Wikipeida:

Organic farming:

Organic farming is a form of agriculture that relies on techniques such as crop rotation, green manure, compost and biological pest control. Organic farming uses fertilizers and pesticides but excludes or strictly limits the use of manufactured (synthetic) fertilizers, pesticides (which include herbicides, insecticides and fungicides), plant growth regulators such as hormones, livestock antibiotics, food additives, genetically modified organisms,[1] human sewage sludge, and nanomaterials.[2]

Organic agricultural methods are internationally regulated and legally enforced by many nations, based in large part on the standards set by the International Federation of Organic Agriculture Movements (IFOAM), an international umbrella organization for organic farming organizations established in 1972.[3] IFOAM defines the overarching goal of organic farming as:

"Organic agriculture is a production system that sustains the health of soils, ecosystems and people. It relies on ecological processes, biodiversity and cycles adapted to local conditions, rather than the use of inputs with adverse effects. Organic agriculture combines tradition, innovation and science to benefit the shared environment and promote fair relationships and a good quality of life for all involved..."
International Federation of Organic Agriculture Movements[4]

 

[Ridgerunner]

Spock: One cannot have discourse with a coconut. It is illogical.

Back when I lived in suburbia, I mentioned at work that I was thinking about buying a leaf blower. One of my co-workers said So you can blow leaves in your neighbors yard like they do yours?

That had nothing to do with how I would use a leaf blower. It had nothing to do with how my neighbors used theirs. It told me a lot about how that person would use one if they had one.

 

[Ladyhawke1]

Spock: One cannot have discourse with a coconut. It is illogical.

Back when I lived in suburbia, I mentioned at work that I was thinking about buying a leaf blower. One of my co-workers said So you can blow leaves in your neighbors yard like they do yours?

That had nothing to do with how I would use a leaf blower. It had nothing to do with how my neighbors used theirs. It told me a lot about how that person would use one if they had one.

There is the wind ( Nature) and there is a leaf blower, a human invention and used by choice.

 

[bj taylor]

I am very interested in food security and the survival of the small farm industry in America as well as continuing to have the right to grow my own food and choose the foods i buy. i agree w/marshall that taking these issues to the supreme court has become a moot issue. they are bought and paid for by the big corporations - specifically Monsanto. i also agree something more creative needs to come. when you can't fight them in their own territory - take it to another arena.

ladyhawke 1, i can't quite figure out your method. whenever you post, you seem to be eager to denigrate fellow gardeners. what's up with that? we too share concern and regard for our environment.

a thread on these issues would be great sans attacking others

 

[Ladyhawke1]

I am very interested in food security and the survival of the small farm industry in America as well as continuing to have the right to grow my own food and choose the foods i buy. i agree w/marshall that taking these issues to the supreme court has become a moot issue. they are bought and paid for by the big corporations - specifically Monsanto. i also agree something more creative needs to come. when you can't fight them in their own territory - take it to another arena.

ladyhawke 1, i can't quite figure out your method. whenever you post, you seem to be eager to denigrate fellow gardeners. what's up with that? we too share concern and regard for our environment.

a thread on these issues would be great sans attacking others

For every action there is a reaction.

I have dealt with others before and I only respond in kind. I have a great deal of respect for most of the people on this board. They only want to garden, feed themselves and their families and in general make a better world.

To say the least the rules here make them timid because they do not wish to upset or lose their access to this forum. I can appreciate that.
However, we can only make progress through information. I am not saying that my information is the truth or the only truth, or the only way. I could never, and would never do that. I do ask that people try to find out for themselves what is and what isnt. Ultimately every decision and action is theirs to make.

However, everyone is so busy trying to live day by day and some things just slip past. I would like to think that I am helping to keep people informed using the best sources I can find. There will always be those who cannot or will not face reality. And, no one can help these people, it is just part of their nature; however, it need not drag the rest of us into oblivion.

There are bullies everywhere, and this is not my first rodeo and it takes all of my strength not to cuss like a sailor at the some of the tripe that is pedal here, and yes the veiled insults that somehow the information that I provided is false or non-existent. I consider that an attack.

So be it. My concern will be and has always been peoples well-being. It is in my DNA and there is nothing I can do about that. It can be a gift or a death sentence.

This was the only reason I felt I could post to the subject line Everything Else Garden. One does not have to agree with me but I do ask for some respect.
And, whether one wishes to face it, or not, the world is fast becoming a precarious place to live. Hiding ones head in the sand and not wanting to hear about it.well .all I can say isthat is crazy.

 

[897tgigvib]

Some of the recent posts have inspired me to clarify some simple fact.

Ya know, absolutely regardless of what census folks tell us, this planet is basically growing a LAYER OF HUMANS. Yea, and that's the actual reality of it. Talk can be made about birth rates, actual census numbers, uncounted people, death rates, heck, talk about those things until sore throats happen. Basically, an actual layer of humans is growing on the surface of Earth.

I take that as a given and natural fact. Folks like to breed. (Had a group of trespassers yesterday and they inspired me with their attitudes to wonder why their parents thought they had any business breeding...), Anyhow, with all the humanity is coming increasing desperation to feed them. Add to that, seems more and more folks feel the need for greed.

The need for greed...The need to breed.

What a terrible combination. Not just here. North Korea could be placed up for an example. Now, I was reading that the UN had to work hard to ensure that luxury items such as Maserattis, Ferraris, and yachts were not going to North Korea. Can you believe that??? Seems the dear leader and his friends, who it can be instantly and easily told that they eat a lot of food every day, have a very strong need for greed. Meantime, the north korean army shortened its height requirement to enter. Know why? The young men there of army recruiting age have lived on very very minimal subsistence diets and they are not as tall as they used to be on average. See, as a microcosm, north korea is short on food, yet there are some there who live every day, more decadent lives than most of us have ever been treated to for one day of our lives.

That is the way of the future, but on a worldwide scale. See, Ukiah is as populous as Santa Rosa was in 1960...(one has to nevermind what the census takers tell us, and use one's own eyes)... Surely in less than 50 years Ukiah, Willits, Hopland, Cloverdale, Blue Lakes, Upper Lake, Redwood Valley, Potter Valley, and Calpella will surely be one large city physically attached to Santa Rosa's now megalopolis at Healdsburg. Encroaching northward to what will be the megalopolis of Eureka. And ya know, some folks will have access to medicine that will let them live to 120, and they'll look 35 when they are 65. Yep. Others, most folks actually, will be like the north korean masses. Underfed, living on GMO, in debt, maybe lucky to have an electric bicycle or tricycle for a vehicle.

Well, Ladyhawke's talk of doing something major about GMO. That comes to nothing. I wish it could, but it won't. We love having children. Some folks have a need for greed. Those 2 things.

Like a general of olden days: He comes across the enemy in force and has to take the high ground. He can see clearly, more clear than anything he's ever seen, the battles that follow if he does not take the high ground.

I see it so clearly. We've lost. Humanity bred too much. Humanity has too much greed.

We lost the high ground when we allowed those two things to happen.

But I'm optimistic!!! Hopefully the cataclysms that we lose to will be after my time. Whew. Meantime, some of us, a good many of us, are still good humans with a minimum of greed. There is still time, but the will needs to change. Less greed, less breeding.

I'll get it from everyone for saying this.