Center for Food Safety, et al. v. Vilsack, et al., No. C 08-00484 JSW, 2009 U.S. Dist. LEXIS 86343 (N.D. Cal. Sept. 21, 2009)

(on cross motions for summary judgment, plaintiff showed that defendant's unconditional deregulation of Roundup-Ready sugar beets violated the National Environmental Policy Act (NEPA) by failing to examine the likelihood and effects of gene transmission on conventional farmers and consumers of sugar beet seed or of gene transmission to the related crops of red table beets and Swiss chard; potential elimination of farmer's choice to grow non-genetically engineered crops, or consumer's choice to eat non-genetically engineered food has a significant effect on the "human environment"; defendant's reasons for concluding that the potential for gene transmission of the genetically engineered gene is not significant are not convincing and do not satisfy required NEPA standards; court need not determine whether defendant further violated NEPA by failing to sufficiently address whether deregulation would cause the proliferation of glyphosate-resistant weeds or whether APHIS had an obligation to address the cumulative effects of increased use of glyphosate; defendant must prepare an environmental impact statement before approving the petition to deregulate Roundup Ready sugar beets).

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