Global Warming Ruling
In 2005, White allowed environment groups and four municipalities to go forward with a lawsuit against federal agencies. The basis for the lawsuit was a claim that the federal government is contributing to global warming by funding various overseas projects.
In 2009, White ruled that the federal government agency USDA-APHIS had violated Federal Law in deregulating glyphosate-resistant sugar beet without adequately evaluating the environmental and socio-economic impacts of allowing commercial production. On August 13, 2010 Judge White revoked the deregulation of glyphosphate-resistant sugar beet in the Spring of 2011. As a result of this ruling, growers were permitted to harvest and process their crop at the end of the 2010 growing season, yet a ban on new plantings was enacted. After the ruling, glyphosphate-resistant sugar beet could not be planted until the USDA-APHIS filed an Environmental Impact Statement (EIR). the purpose of the EIR is to determine if environmental issues have negative impacts on the environment, and it may take two to three years to complete the study. After the EIR statment is completed, USDA-APHIS may petition to deregulate glyphosate-resistant sugar beet.
Immediately after Judge Whites ruling, USDA-APHIS prepared an Environmental Assessment seeking partial deregulation of glyphosate-resistant sugar beet. The Assessment was filed based on a request received from Monsanto and KWS SSAT AG, a German seed company. Both companies, as well as the sugar beet industry employees and growers, believed a sugar shortage would occur if glyphosate-resistant sugar beet could not be planted. As a response to this concern, USDA-APHIS developed three options in the Environmental Assessment to address the concerns of environmentalists, as well as those raised by the industry. The first option was to not plant glyphosate-resistant sugar beet until the Environmental Impact Statement was completed. The second option was to allow growers to plant glyphosate-resistant sugar beet if they obtained a USDA-APHIS permit and followed specific mandates. Under the third and final option, glyphosate-resistant sugar beet would be partially deregulated but monitored by Monsanto and KWS SSAT AG. USDA-APHIS preferred the second option. They placed the Environmental Assessment in the Federal Register on November 4, 2010 and received public comment for thirty days.
On February 4, 2011 the USDA-APHIS announced glyphosate-resistant sugar beet had been partially deregulated and growers would be allowed to plant seed from spring 2011 until an Environmental Impact Statement is completed. USDA-APHIS developed requirements that growers must follow if handling glyphosate-resistant sugar beet and will monitor growers throughout the partial deregulation period. The requirements are classified into categories which include planting glyphosate-resistant sugar beet for seed production, planting for sugar production, and transporting sugar beet across state lines. Failure to follow the requirements set by USDA-APHIS may result in civil or criminal charges and destruction of the crop. In July 2012, after completing an Environmental Impact Assessment and a Plant Pest Risk Assessment the USDA deregulated Monsanto's Roundup Ready sugar beets.
Read more about this topic: Jeffrey White, Federal Judicial Service
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