Agricultural biotechnology remains a prominent issue confronting many segments of the national and international agricultural communities. An area of recent judicial activity pertinent to biotechnology in the agricultural context is the Geerston Seed Farms line of cases. The National Agricultural Law Center recently published “Plant Biotechnology Law After Geertson Seed Farms: Potential Impacts on Regulation, Liability,and Coexistence Measures“, an article researched and written by Alison Peck that examines agricultural biotechnology post-Geerston. In Geerston, the federal district court issued an injunction to prohibit the planting of Roundup Ready alfalfa when it was determined that the Animal and Plant Health Inspection Service violated the National Environmental Policy Act.
The article reviews the Geertson decision and considers its actual and potential impact on the legal landscape related to plant biotechnology. After a summary of the decision, the article briefly reviews the landscape of biotechnology regulation, liability rules, and coexistence strategies.
A case summary of the Geertson Seed Farms is also available here.