Organic Seed Growers and Trade Association
On Feb. 24, Judge Naomi Buchwald handed down her ruling on a motion to dismiss in the case of Organic Seed Growers and Trade Association et al v. Monsanto after hearing oral argument on Jan. 31 in Federal District Court in Manhattan. Her ruling to dismiss the case brought against Monsanto on behalf of organic farmers, seed growers and agricultural organizations representing farmers and citizens was met with great disappointment by the plaintiffs.
Plaintiff Lead Attorney Daniel Ravicher, 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 that farmers are acting unreasonable 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. Her failure to address the purpose of the Declaratory Judgment Act and her characterization of binding Supreme Court precedent that supports the farmers’ standing as ‘wholly inapposite’ constitute legal error. In sum, her opinion is flawed on both the facts and the law. Thankfully, the plaintiffs have the right to appeal to the Court of Appeals, which will review the matter without deference to her findings.”
Monsanto’s history of aggressive investigations and lawsuits brought against farmers in America have been a source of concern for organic and non-GMO farmers since Monsanto’s first lawsuit brought against a farmer in the mid-90′s. Since then, 144 farmers have had lawsuits brought against them by Monsanto for alleged violations of their patented seed technology. Monsanto has brought charges against more than 700 additional farmers who have settled out-of-court rather than face Monsanto’s belligerent 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 drift and pollen drift from genetically engineered crops often contaminate neighboring fields. If Monsanto’s seed technology is found on a farmer’s land without contract, they can be found liable for patent infringement.
“Family farmers need the protection of the court,” said Maine organic seed farmer Jim Gerritsen, president of lead plaintiff OSGATA. “We reject as naïve and undefendable the judge’s assertion that Monsanto’s vague public relations ‘commitment’ should be ‘a source of comfort’ to plaintiffs. The truth is we are under threat and we do not believe Monsanto. The truth is that American farmers and the American people do not believe Monsanto. Family farmers deserve our day in court and this flawed ruling will not deter us from continuing to seek justice.”
The plaintiffs brought this suit against Monsanto to seek judicial protection from such lawsuits and challenge the validity of Monsanto’s patents on seeds.
“As a citizen and property owner, I find the Order by the Federal Court to be obsequious to Monsanto,” said plaintiff organic farmer Bryce Stephens of Kansas. “The careless, inattentive, thoughtless and negligent advertisement Monsanto has published on their website to not exercise its patent rights for inadvertent trace contamination belies the fact that their policy is in reality a presumptuous admission of contamination by their vaunted product on my property, plants, seeds and animals.”
“Seeds are the memory of life,” said Isaura Anduluz of plaintiff Cuatro Puertas and the Arid Crop Seed Cache 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 patented drought tolerant corn has been released, how do we protect our seeds from contamination and our right to farm?”
A copy of Judge Buchwalds ruling can be found by clicking here.
For more information, click here.
This whole thing is so sad. Organic used to be the only way and now we have to fight for protection and rights. It makes me sick to my stomach. Goes to show the corporate power and greed involved in all this. Monsanto throughs around their money and is devasting our hard working famers. Eventually what goes around will come around. At some point government officials, and corporatations will come to the realization that when the last tree is cut, the last body of water is poisoned and the last fish is caught……….that we can not eat money. I hope this realization occurs in my lifetime. To all the farmers out there keep on keepin on because one day you will win. Keep out planet pure!
The easy answer: File a class action for cross-contamination via pollen drift. The lawsuit is based on trespass, nuisance, assault, etc. Stop being a bunch of darned pussies!!!!!!!!
I agree with Chris. Of course the problem again is money.
I don’t know who is funding the farmer’s side of this, But Monsanto has a special group of lawyers on call 7 days a week. Since these lawyers are part of the company, they have the ability, and I’m sure that they have the mandate,to spend months or even years working on this.
Then there is the darker side which includes bribes to officials, etc. When genetically engineered corn and soy beans were introduced, the American public was concerned about the safety of these crops, however, Monsanto was sure that they could win the day using false and misleading information. They used an interesting method for this. They put the onus on themselves, so to speak, by saying that spraying poisons was dangerous to the public health. The answer was their new “bio-genetically advanced crop system” where insects would not be presupposed to eat these crops. Along with this a few hefty indirect payoffs to the Department of Agriculture. They fully believed that they could convert all farming to genetically altered crops. But a surprise awaited them. First the drifting of pollen into adjacent fields, then the realization the some bugs were becoming tolerant of the genetic inhibitors. Monsanto’s big billion dollar payoff was being nipped in the bud.
Many authorities truly believe in Genetically “improved” crops. It will be hard, if not impossible to stop them. However, the rights of farmers who do not subscribe to this method should not and cannot be denied.
Rating of Hon. Naomi Reice Buchwald
http://www.therobingroom.com/Judge.aspx?id=1396#8645
I bet suing Monsanto because their engineered seeds are contaminating farms that refrain from using such seeds would be a good tactic. I hope organic lawyers investigate this idea!
COUNTERCLAIM! Not in one big lawsuit, counterclaim in the individual suits with Monsanto AS THEY COME UP!
1. START A FUND for the individual farmer for each suit.
—>Monsanto COUNTS on the fact small organic farmers don’t have the $$$ to fight them. CHANGE THAT to ensure they do!
2. GET THE EVIDENCE necessary to win–like the STUDIES in Europe!
—>It is totally ILLEGAL to sell Monsanto’s Genetically MUTATED garbage in England. There was a Scientist there that tested ALL Monsanto food, and was a whistleblower against this company. They persecuted him, fired him, he’s had
assassination attempts–but kept going. The USA works VERY HARD to keep his work off the radar, and the internet. Get this information and present publicly EVERY TIME Monsanto sues and individual farmer. This is NON-NEGOTIABLE
PROOF that Monsanto is bad.
3. GATHER STATS!
—>Get the transcripts, documents & proof of suits from EVERY PAST LAWSUIT Monsanto has filed AGAINST organic farmers for “stealing” their Mutated garbage from them and present this along with Fuchwald’s OUTRAGEOUS decision in
favor of Monsanto. PROVE how much THEIR RIDICULOUS LAWSUITS cost the American citizen–and make sure it’s accompanied by the European studies proving Monsanto sells POISON!
*Remember –judges are so rich they DON’T HAVE TO EAT MONSANTO GARBAGE….but the average American does. Make them listen with undeniable fact.
4. Gather computer geek BRIGADE!
—>There are numerous computer geeks that do nothing but surf the web, gather and expel information. Get them together by making a PUBLIC PLEA for such willing individuals! This will put out an ALL POINTS BULLETIN on Monsanto, and their
ridiculous lawsuits….and provide the Public with valuable info once these CG’s start typing. Most in the USA have never heard of Monsanto or how bad they truly are. That’s how BigGOV wants it. Most DON’T KNOW GMO IS ILLEGAL IN
ENGLAND! Get them this info, and it’ll perk their ears up and get’em listening!
5. Go to INFORMATIONAL WEBSITES!
—>Like Rense dot com, Alex Jones, and many others that have access to much of the info on Monsanto–INCLUDING THE STUDIES AND DOCTORS NAMES!
Another thought—-HAVE A FUNDRAISER! This will not only advertise Monsanto’s Frankenseeds, but will get the word out on your plight, and why you’re fighting. As I said, many have NEVER heard of Monsanto, and can’t make an informed decision without this knowledge. Get them this knowledge!