The 3rd Circuit Court of Appeals recently permitted New Jersey blueberry farmers to continue with their suit for negligent misrepresentation, fraud and products liablity against a pesticide manufacturer, Novartis Crop Protection, Inc.
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In depth analysis of Judge White’s decision which rescinded USDA’s and APHIS’ decision to deregulate Roundup Ready sugar beets without conducting an Environmental Impact Statement. 
The United States Supreme Court handed down its first ever decision concerning genetically modified crops and it is a mixed result for farmers, consumers and environmental groups. 
We review and provide legal analysis of the oral argument in the Monsanto v Geertson matter heard recently by the Supreme Court. 
Today, the U.S. Supreme Court is hearing oral arguments in the case of Monsanto v. Geertson Seed Farms. At stake is a decision issued by California District Court which issued a permanent injunction against any further planting of genetically engineered alfalfa crop in 2007. 
On March 16, 2010, a California District Judge denied plaintiffs’ request to halt the planting of GE sugar beets. The Court’s decision, however, left open the possibility of a ban, which is to be determined at the permanent injunction hearings in July.
After nearly a two-hour hearing yesterday, the U.S. District Judge Jeffery White reserved judgment as to whether a preliminary injunction, that would prevent the production or planting of genetically modified sugar beet seeds, should issue. Both parties, however, expect a quick decision as farmers will soon be ready to plant their crop. 
Organic farmers and environmental groups will seek this week an injunction to stop the planting of the GM beets until the U.S. Department of Agriculture’s Animal and Plant Health Inspection Service (“APHIS”) conducts an environmental impact statement (“EIS”). The lawsuit also seeks to bar the sale of sugar made from GM modified beets. 
Judge Jeffrey White of the Northern District of California ruled on September 21, 2009, that the U.S. Department of Agriculture’s deregulation of genetically engineered RoundUp Ready sugar beets in 2004 was unlawful. |
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