GM alfalfa—who wins?

Both sides are claiming victory following the Supreme Court's verdict issued June 21 in Monsanto v. Geertson Seed Farms over the future sale of Roundup Ready (RR) alfalfa seeds. The Supreme Court repealed a lower court injunction issued in 2007 banning the biotech seeds nationwide (Nat. Biotechnol. 28, 184, 2010). Monsanto's business lead for the crop, Steve Welker, says the St. Louis–based company has plenty of RR alfalfa seeds “ready to deliver,” although their release is subject to a pending environmental impact statement (EIS) by the US Department of Agriculture (USDA). “Our goal is to have everything in place for growers to plant in fall 2010,” Welker adds. Not so fast, says lawsuit opponent Andrew Kimbrell of the Center for Food Safety in Washington. He points out that the Supreme Court “just took away the injunction, and USDA still has to comply with NEPA [the National Environmental Policy Act] and complete an EIS” before the crop can be deregulated. Although USDA appears poised to complete its EIS and fully deregulate RR alfalfa, the Center for Food Safety could renew its challenge of USDA's decision. This lingering uncertainty has agitated many members of Congress. Seven senators and 49 representatives have asked agriculture secretary Tom Vilsack to retain regulated status for RR alfalfa, whereas two other senators have urged Vilsack to “mount vigorous defenses against lawsuits that seek to upend science-based regulatory decisions.”