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USDA Authorizes Cultivation of Genetically Modified Alfalfa. Backing off from a compromise plan he had proposed earlier, Secretary of Agriculture Tom Vilsack announced last week that he would approve unrestricted commercial cultivation of alfalfa containing a gene that makes it resistant to the herbicide Roundup. The decision comes after many years of controversy. USDA had initially approved growing GM alfalfa in 2005, but the approval was rescinded by a federal judge in response to lawsuits, pending preparation of an environmental impact statement. After the impact statement was released last month, Secretary Vilsack announced a compromise that would have restricted the areas where the modified alfalfa could be grown. Last week's decision was announced after the compromise was criticized at a congressional hearing and in public forums.
A high-profile legal battle over genetically modified crops ended today with the U.S. Supreme Court tossing out a lower court's ban of GM alfalfa. Planting may resume even before the U.S. Department of Agriculture (USDA) finishes an environmental review.
In a 7–1 decision (pdf) released today, the Supreme Court ruled that the lower court had "abused its discretion" by banning any planting and that some could have been allowed with some restrictions. USDA must now prepare guidance for farmers who want to plant GM alfalfa while the agency completes its environmental review. (As the brother of the district judge, Associate Justice Stephen Breyer recused himself.)
The Center for Food Safety, which sued USDA on behalf of organic farmers, tried to be upbeat by noting that the ban would remain at least for a while.
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