Supreme Court Rules in Genetically Engineered Alfalfa Case

The U.S. Supreme Court today rejected a nationwide ban on genetically engineered alfalfa in a decision that allows the U.S. Department of Agriculture to set the terms under which the crop can be grown while a full environmental review takes place. The ruling, which requires the strict application of traditional standards for permanent injunctive relief in cases brought under the National Environmental Policy Act (NEPA), is likely to have a significant impact on how the federal government handles deregulation of agricultural biotechnology in the future.

Monsanto Co. v. Geertson Seed Farms, No. 09-475, originated with a district court finding that the Department of Agriculture's Animal and Plant Health Inspection Service (APHIS) violated NEPA when it deregulated a genetically engineered crop known as Roundup Ready alfalfa. Because the government did not appeal that finding, the Supreme Court's opinion addressed only the lower court's remedy—issuance of a