UPDATED: Judge denies sugar beet injunction, but could restrict 2011 plantings

Updated: Thursday, April 15, 2010 1:28 PM

By WES SANDER and CAROL RYAN DUMAS
Capital Press

A federal judge in California has struck down an effort to block the planting of genetically engineered sugar-beet seeds this spring, but this may be the last season growers can plan on planting the crop for a while.

In a ruling filed today, Judge Jeffrey White denied a motion by the Center for Food Safety for an injunction that would have prohibited beet growers from using Monsanto's Roundup Ready seeds this spring.

"The parties should not assume that the court's decision to deny a preliminary injunction is indicative of its views on a permanent injunction pending the full environmental review that APHIS is required to conduct." White wrote "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 plaintiffs and industry defendants are scheduled to argue in a July 9 hearing in San Francisco 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.

White wrote in his ruling that the plaintiffs have shown that their case has merit and there may be irreparable harm due to cross contamination of genetically engineered sugar beets through cross pollination or mechanical means with conventional sugar beets, table beets and Swiss chard. But the court found that the preliminary injunction was not warranted because the plaintiffs waited too long to file for the injunction.

"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."

White cited one of the defendant intervenors, Richard J. Sexton, who said that at least 14 of the 21 sugar beet plants in the U.S. would close due to lack of beets without having the genetically modified beets. Sexton projected that 5,800 full-time and seasonal jobs would be lost and there would be $283.6 million is lost gross profits to beet growers with a total economic impact on rural communities of nearly $1.5 billion dollars.

White wrote that "an injunction which would ban the planting and processing of genetically engineered sugar beets in 2010 would have a large detrimental impact on the United States' domestic sugar supply and price.

"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 Sugar Industry Biotech Council said in a statement today.

"We look forward to the next phase of the court proceedings where we can present evidence about potential choices for our growers and processors," the council said.

White wrote in his ruling that the cost of prohibiting growers from planting the beets now, when not enough conventional seed is available, could have been averted if the plaintiffs had filed for a preliminary injunction earlier.

When industry officials were contacted by Capital Press today they had not yet seen the ruling, but were pleased the injunction had not been granted.

“We don’t know any of the details, but we’re excited, we’re glad. That turns us loose; our growers can start planting,” said Vic Jaro, president and CEO of Amalgamated Sugar Co. in Boise. “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 has already begun. It’s running strong in the Treasure Valley, and some growers are 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.

Lawyers representing growers’ interest will be reviewing the ruling and getting an assessment out to grower groups later today, he said on Tuesday.

Gary L. West of the Capital Press contributed to this report.