Beet growers savor ruling

The sugar beet industry expressed relief after a federal judge on March 16 denied an effort to block the use of genetically engineered seeds this season.

"We're excited, we're glad," said Vic Jaro, president and CEO of Amalgamated Sugar Co. in Boise. "That turns us loose; our growers can start planting. That's what we needed to have, there's no question."

Duane Grant, chairman of Snake River Sugar Co. co-op and a Rupert, Idaho, grower, said planting was well under way in the Treasure Valley and some growers were planting in the Twin Falls area.

"Obviously, the growers of Amalgamated, or Snake River Sugar, are pleased that they'll be able to plant the 2010 crop," he said.

But challenges still loom. In his ruling, federal Judge Jeffrey White wrote that, while growers can continue cultivating beets from Monsanto's Roundup Ready seeds this year, he is inclined to rule differently come July.

That's when plaintiffs and industry defendants are scheduled to argue in White's San Francisco courtroom over whether the seeds should be permanently prohibited while USDA produces an environmental document to support the agency's deregulation of the seeds.

In September, White ordered USDA's Animal and Plant Health Inspection Service to produce an environmental impact statement to satisfy federal environmental rules. The suit was filed in January 2008 by the Center for Food Safety, Organic Seed Alliance, Sierra Club and High Mowing Organic Seeds. The case is now in its remedy phase.

Observers have said White's permanent remedy would likely be similar to his decision on a preliminary injunction. But White indicated he would likely rule differently this summer.

"The parties should not assume that the court's decision to deny a preliminary injunction is indicative of its views on a permanent injunction," White wrote in his decision. "Rather, while the environmental review is pending, the court is inclined to order the intervenor-defendants to take all efforts, going forward, to use conventional seed."

The uncertainty surrounding Roundup Ready sugar beets also is expected to have ramifications on seed growers in Oregon's Willamette Valley, where the vast majority of the U.S. sugar beet seed is produced. The beets that would provide the Roundup Ready seed for the 2011 crop are in the ground now.

Thomas Schwartz, executive vice president for the Beet Sugar Development Foundation, declined to comment on what the impact might be on seed growers.

"We're still in active litigation," Schwartz said. "We've got another (court) date coming up in July, and the only thing I can do right now is refer you to our official comments on the sugar industry biotech council's Web site."

The Sugar Industry Biotech Council said the industry looks forward to arguing for the economic well-being of growers and processors.

"We are pleased that the court denied the request and recognized the significant negative impact that an immediate ban on planting would have caused to growers, processors, rural communities and the U.S. sugar supply," the council said in a statement.

Plaintiffs' attorney Paul Atchitoff of Earthjustice said he wasn't surprised by White's ruling, considering that some growers have already begun planting.

"(But) we are very pleased to see the judge is currently inclined to injunct permanently," he said.

In his decision, White praised the plaintiffs' case as successful for having shown a likelihood of irreparable harm to conventional sugar beets, table beets and swiss chard through cross-pollination.

But White blocked the injunction largely because plaintiffs waited until January before requesting the injunction. Because of the lag, the industry was left unprepared for a season without Monsanto's seeds, White said.

About 95 percent of the sugar beet crop is produced with Roundup Ready seeds.

"If this court were to ban the planting and processing of the genetically engineered sugar beet root crop, there would not be enough conventional seed for a full crop this year," White wrote. "The economic impact of such a shortage would be dramatic and wide-spread."

An immediate injunction in 2010 "would have a large detrimental impact on the United States' domestic sugar supply and price," White wrote.

Atchitoff of Earthjustice said he could still ask White to reconsider his ruling, but plaintiffs have yet to decide on a course of action. Both sides need to begin preparing briefs in preparation for the July remedy hearing.

"This ruling provides clarity that farmers can plant Roundup Ready sugar beets in 2010," Steve Welker, sugar beet business manager for Monsanto, said it a statement issued by the company. Monsanto developed the seed trait that makes Roundup Ready seeds tolerant of Monsanto's Roundup herbicide, which uses glyphosate, a broad-spectrum systemic weed killer.

"In the next phase of this case, we look forward to demonstrating that a broad permanent injunction is not appropriate," Monsanto said in its statement. "Sugar beet growers have confirmed that Roundup Ready sugar beets reduce impacts on the environment and make their operations more efficient and productive."

The company said conventional seeds "require more applications of pesticides, with greater impacts on the environment and lower productivity on farms."

source: capitalpress