ELR Citation: ELR 20219
No(s). 08-00484 (N.D. Cal. Sep 21, 2009)

A district court held that the Animal and Plant Health Inspection Service (APHIS) violated NEPA in its decision to deregulate a variety of genetically engineered sugar beets. Sugar beets are pollinated by both wind and insects, and scientists have documented that sugar beet pollen can disperse up to 800 meters. In addition, seed for sugar beets, Swiss chard, and table beets are primarily grown in one valley in Oregon. Genetically engineered sugar beet seeds may therefore cross-pollinate with and genetically modify Swiss chard, table beet, and non-genetically engineered sugar beet seed in the surrounding area. Deregulation, therefore, may significantly affect the environment. APHIS, however, failed to consider these effects. Accordingly, APHIS' FONSI was unreasonable, and it must prepare an EIS.