permaculture

["Lawrence F. London, Jr." <lflj@bellsouth.net>]

-----Original Message-----
From: Mark Kastel <kastel@cornucopia.org>
To: Organic Integrity Project <kastel@cornucopia.org>
Sent: Mon, Feb 27, 2012 7:20 pm
Subject: NEWS RELEASE: Judge Sides with Monsanto -- Ridicules Farmers'
Right to Grow Food without Genetic Contamination

Description: Description: cornucopia logo2.jpg
**
*February 27, 2012*
*FOR IMMEDIATE RELEASE*
*Contact: Mark Kastel, 608-625-2042***
/Follow Us on Twitter/
<http://app.streamsend.com/c/?redirect_to=http%3A%2F%2Ftwitter.com%2F%23%21%2FCornucopia_Inst>/
//Find Us on Facebook/
<http://app.streamsend.com/c/?redirect_to=http%3A%2F%2Fwww.facebook.com%2FCornucopia.Institute%23%21%2FCornucopia.Institute>
**
*Judge Sides with Monsanto in Lawsuit***
**
*Ridicules Farmers' Right to Grow Food without Genetic Contamination and
Economic Harm*
**
*New York, NY*- Judge Naomi Buchwald's February 24 decision dismissing
the case of Organic Seed Growers and Trade Association et al v. Monsanto
was met with great disappointment by organic farmers, seed growers and
agricultural organizations—and a renewed commitment to fight on.
Daniel Ravicher, lead attorney for the 81 plaintiffs represented in the
lawsuit, said, "While I have great respect for Judge Buchwald, her
decision to deny farmers the right to seek legal protection from one of
the world's foremost patent bullies is gravely disappointing."
"Her belief," added Ravicher, "that farmers are acting unreasonably when
they stop growing certain crops to avoid being sued by Monsanto for
patent infringement, should their crops become contaminated, maligns the
intelligence and integrity of those farmers."
Ravicher said the judge failed to address the purpose of the Declaratory
Judgment Act and mischaracterized the Supreme Court precedent that
supports the farmers' standing. "In sum, her opinion is flawed on both
the facts and the law. Thankfully, the plaintiffs have the right to
proceed to the Court of Appeals, which will review the matter without
deference to her findings," the attorney said/./
Monsanto's history of aggressive investigations and lawsuits brought
against farmers in America has been a source of concern for organic and
non-GMO agricultural producers since Monsanto's first lawsuit brought
against a farmer in the mid-‘90s. Since then, 144 farmers have had
lawsuits filed against them by Monsanto for alleged violations of their
patented seed technology.
Monsanto has sued more than 700 additional farmers who have settled
out-of-court rather than face Monsanto's belligerent, and well-financed,
litigious actions.
Many of these farmers claim to not have had the intention to grow or
save seeds that contain Monsanto's patented genes. Seed contamination
and pollen drift from genetically engineered crops often migrate to
neighboring fields. If Monsanto's seed technology is found on a farmer's
land without a contract the farmer can be found liable for patent
infringement.
"Family farmers need the protection of the court," said Maine organic
seed farmer Jim Gerritsen, President of the Organic Seed Growers and
Trade Association, the lead plaintiff.
Gerritsen added, "We reject as naïve and indefensible the judge's
assertion that Monsanto's vague public relations 'commitment [not to sue
farmers for 'trace amounts' of their seeds are genetically engineered
traits], should be 'a source of comfort' to plaintiffs. The truth is we
are under threat and we do not believe Monsanto."
The plaintiffs brought the suit against Monsanto to seek judicial
protection from such lawsuits and challenge the validity of Monsanto's
patents on seeds.
"Monsanto is the big biotechnology bully and has used the courts, for
years, to intimidate farmers," said Mark A. Kastel, Senior Farm Policy
Analyst at The Cornucopia Institute, another plaintiff. "The purpose of
our lawsuit is to preemptively challenge its reign of intimidation over
organic farmers, and others, who have chosen not to jump on their
genetically engineered bandwagon."
Another plaintiff, organic farmer Bryce Stephens of Kansas, added, "As a
citizen and property owner, I find the Order by the Federal Court to be
obsequious to Monsanto."
"Seeds are the memory of life," said Isaura Anduluz of plaintiff Cuatro
Puertas in New Mexico. "If planted and saved annually, cross pollination
ensures the seeds continue to adapt. In the Southwest, selection over
many, many generations has resulted in native drought tolerant corn. Now
that a [Monsanto's] patented drought tolerant corn has been released how
do we protect our seeds from contamination and our right to farm?"
-30-
A copy of Judge Buchwald's ruling is located here:
<http://woodprairiefarm.commercev3.com/lettercast/b_lc.php?c=_IOueUiuE>
http://woodprairiefarm.commercev3.com/downloads/OSGATA%20v%20Monsanto%20-%20MTD%20Decision.pdf
*The Cornucopia Institute* is dedicated to the fight for economic
justice for the family-scale farming community. Through research,
advocacy and economic development our goal is to empower farmers both
politically and through marketplace initiatives. Its*Organic Integrity
Project* acts as a corporate watchdog assuring that no compromises to
the credibility of organic farming methods and the food it produces are
made in the pursuit of profit.