Center for Food Safety v. Vilsack

This appeal involved the USDA's regulation of Roundup Ready Alfalfa (RRA), a plant genetically modified by the Monsanto Company and Forage Genetics International to be resistant to the herbicide glyphosate (Roundup). At issue was the Record of Decision (ROD) issued by APHIS, which unconditionally deregulated RRA on the ground that it was not a "plant pest" within the meaning of the term in the Plant Protection Act (PPA), 7 U.S.C. 7701-7772. The court affirmed the judgment of the district court because the statute did not regulate the types of harms that plaintiffs complained of, and therefore, APHIS correctly concluded that RRA was not a "plant pest" under the PPA. Once the agency concluded that RRA was not a plant pest, it no longer had jurisdiction to continue regulating the plant. APHIS's lack of jurisdiction over RRA obviated the need for the agency to consult with the FWS under the Endangered Species Act, 16 U.S.C. 1531, and to consider alternatives to unconditional deregulation under the National Environmental Policy Act, 42 U.S.C. 4321 et seq. Accordingly, the district court properly entered summary judgment in favor of defendants. View "Center for Food Safety v. Vilsack " on Justia Law