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Pesticide Contamination Constitutes Illegal Trespass

posted by Sarah Cooke Aug 14, 2011 8:05 am
Pesticide Contamination Constitutes Illegal Trespass
32 comments

According to this article, the Minnesota Court of Appeals recently ruled in favor of Oluf Johnson, an organic farmer who sued the Paynesville Farmers Union Cooperative Oil Co. because pesticides sprayed on its crops contaminated his fields.  The court ruled that the drifting of pesticides onto Johnson’s farm constituted trespass.

This victory is potentially very meaningful, if it is used as a precedent in cases involving GMO crops. Every time Monsanto genetically alters a seed, it patents that seed.  That patent allows it to sue any farmer whose crops are contaminated by its seeds – even if that farmer doesn’t want the GMO seeds and has not intentionally planted them – claiming the farmer has violated Monsanto’s patent.

However, this ruling could lay the groundwork for organic farmers to claim that the drifting of GMO seeds onto their property, like pesticides, is trespass.  It is not organic farmers who violate Monsanto’s rights, but quite the opposite.

The ruling could give victimized farmers a vehicle for claiming damages.  What’s more, due to the fact that, when GMO seeds are planted, it is inevitable that they will be wafted onto neighboring farms, it could give courts the legal grounds for preventing Monsanto from continuing to plant GMO fields, at least in certain locations.  If GMO crops are planted close enough to non-GMO farms that planting them necessarily leads to illegal trespass, then surely it must be illegal for Monsanto to plant in such locations.  It seems sometimes that Monsanto always wins when it goes to court, but this ruling appears to be a step in the right direction.

Related:
8 Ways Monsanto is Destroying Our Health
Is Your Body Contaminated with Pesticides?
First GM Plants Found in the Wild

Sarah Cooke is a writer living in California. She is interested in organic food and green living. Sarah holds an M.F.A. in Creative Writing from Naropa University, an M.A. in Humanities from NYU, and a B.A. in Political Science from Loyola Marymount University. She has written for a number of publications, and she studied Pastry Arts at the Institute for Culinary Education. Her interests include running, yoga, baking, and poetry. Read more on her blog.
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8 Ways Monsanto is Destroying Our Health

posted by Delia Quigley Jan 12, 2011 5:04 pm
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“The deeper you can manipulate living structures, the more you can control food and medicine.” Dr. Vandana Shiva

Lots of talk these days about the bullying of young boys and girls in school by more aggressive students. This brings to my mind the biggest bully of all: the biotech company, Monsanto Corporation. Taken in context, Monsanto’s list of corporate crimes should have been enough to pull their corporate charter years ago. And yet we allow them to continue to destroy our food supply, our health and the planet. Monsanto or Monsatan? Take a look at the company’s track record and decide for yourself.

Agent Orange: Monsanto was the major financial beneficiary of this herbicide used to defoliate the jungles of Vietnam and destroy the health of American troops and their offspring. It also allowed Monsanto and other chemical companies to appeal for and receive protection from veterans seeking damages for their exposure to Agent Orange and any future biotech creations.
 

Aspartame: as far back as 1994 the U.S. Department of Health and Human Services released a report listing 94 health issues caused by Aspartame. It has been shown to cause slow but serious damage to the human body and yet it is used extensively in many commercial products.

7 Foods Banned in Europe Still Available in the U.S.

Saccharin: studies have shown that saccharin caused cancer in test rats and mice; and in six human studies, including one done by the National Cancer Institute, that consuming artificial sweeteners, such as saccharin and cyclamate, resulted in bladder cancer.

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Is Your Body Contaminated with Pesticides?

posted by Michelle Schoffro Cook May 2, 2010 1:01 pm
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More than 1.2 billion pounds of pesticides are used in the United States and multiple studies show that they are finding their way into the bodies of the average person.

One pesticide, chlorpyrifos (CPF), was found in eighty-two percent of urine samples from a broad range of Americans aged twenty to fifty-nine.

In a Canadian study, the herbicide 2, 4-D, was found in fifty percent of the semen samples of men. That’s a scary proposition when one considers that semen carries the genetic material of a possible fetus or child and we know little about the effects of pesticides on developing brains and bodies.

These are just two examples of the approximately 900 pesticides and herbicides registered with the Environmental Protection Agency. Research into the long-term effects of pesticides is still in its infancy.

Currently, The World Health Organization estimates that one-half of the ground and well water in the United States is contaminated with pesticides. Pesticides travel via groundwater and in the air and can be carried by wind to destinations miles away from the application site. Pesticides are washed into our streams, lakes, rivers, and underground aquifers that supply our drinking and bathing water, and these poisons are making their way into our bodies.

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First GM Plants Found in the Wild

posted by Melissa Breyer Aug 6, 2010 4:01 pm
First GM Plants Found in the Wild
169 comments

This is the stuff of my nightmares: Genetically-modified (GM) plants escaping the confines of agriculture and invading the wild. We thought regular invasive species were bad? They seem tame compared to genetic contamination of the wild. Even more alarming: Some of the plants had a mix of modified genes, indicating that they are reproducing on their own.

Although GM plant populations in the wild have been found in Canada, this is the first time they have been found in the United Sates.

Meredith G. Schafer, from the University of Arkansas, and colleagues established transects of land over 3000 miles long including interstate, state and county roads in North Dakota from which they collected, photographed and tested 406 canola plants.

The results show that transgenic plants have clearly established populations in the wild.  Of the 406 plants collected, 347 tested positive for CP4 EPSPS protein (resistant to glyphosate herbicide, aka Roundup) or PAT protein (resistant to glufosinate herbicide, aka LibertyLink). The finding shows that genetically modified canola plants can survive and thrive in the wild perhaps for decades–the study was presented today at the annual meeting of the Ecological Society of America.

The team’s key finding was two plants that each carried both types of herbicide resistance — a combination that is not commercially available. The only way this can happen in the wild is if the plants are reproducing on their own. “There were  two instances of multiple transgenes in single individuals,” said coauthor Cynthia Sagers, University of Arkansas. “Varieties with multiple transgenic traits have not yet been released commercially, so this finding suggests that feral populations are reproducing and have become established outside of cultivation. These observations have important implications for the ecology and management of native and weedy species, as well as for the management of biotech products in the U.S.”

Once a GM crop is released it cannot be unreleased, and there are no systems in place to prevent genetic contamination through pollen flow, spills or human error. Although the GM plants found by the roadside are assumed to be the result of escaped seeds during transportation, the GM plants found away from roads suggest that the plants are taking on a life of their own.

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PREVENT MONSTAHS / Monsters ...see musik "Monster Mash" .......IN THE HAWAIIAN ISLANDS.............SUE>>>>CASE PRECEDENCE... BAN GMO'S!!!.......................Keep for your Records.......aloha.

 

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  • Organic v. Monsanto

    by Danielle Magnuson

    Farmers-market-300x200.jpgMore than 270,000 organic farmers are taking on corporate agriculture giant Monsanto in a lawsuit filed March 30. Led by the Organic Seed Growers and Trade Association, the family farmers are fighting for the right to keep a portion of the world food supply organic—and preemptively protecting themselves from accusations of stealing genetically modified seeds that drift on to their pristine crop fields.

    Consumers are powerful. For more than a decade, a cultural shift has seen shoppers renounce the faster-fatter-bigger-cheaper mindset of factory farms, exposéd in the 2008 documentary Food, Inc. From heirloom tomatoes to heritage chickens, we want our food slow, sustainable, and local—healthy for the earth, healthy for animals, and healthy for our bodies.

    But with patented seeds infiltrating the environment so fully, organic itself is at risk. Monsanto’s widely used Genuity® Roundup Ready® canola seed has already turned heirloom canola oil into an extinct species. The suing farmers are seeking to prevent similar contamination of organic corn, soybeans, and a host of other crops. What’s more, they’re seeking to prevent Monsanto from accusing them of unlawfully using the very seeds they’re trying to avoid.

    “It seems quite perverse that an organic farmer contaminated by transgenic seed could be accused of patent infringement,” says Public Patent Foundation director Dan Ravicher in a Cornucopia Institute article about the farmers’ lawsuit (May 30, 2011), “but Monsanto has made such accusations before and is notorious for having sued hundreds of farmers for patent infringement.”

    Even as the megacorporation enjoys soaring stock, the U.S. justice department continues to look into allegations of its fraudulent antitrust practices (The Street, June 29, 2011):

    Monsanto, which has acquired more than 20 of the nation’s biggest seed producers and sellers over the last decade, has long pursued a strict policy with its customers, obligating them to buy its bioengineered seeds every year rather than use them in multiple planting seasons. Farmers who disobey are blacklisted forever.

    It’s a wide net Monsanto has cast over the agricultural landscape. As Ravicher points out, “it’s actually in Monsanto’s financial interest to eliminate organic seed so that they can have a total monopoly over our food supply.”

    Imagine a world devoid of naturally vigorous traditional crops and controlled by a single business with a appetite for intellectual property. Did anyone else feel a cold wind pass through them? Now imagine a world where thousands of family farmers fight the good fight to continue giving consumers a choice in their food—and win.

    via Organic v. Monsanto – Environment – Utne Reader.

    Thanks to Charles Councill for this story.

    August 13, 2011 Update from OSGATA 

    Farmers Defend Right to Protect Themselves From Monsanto Patents

    Organizations File Amici to Defend Plaintiffs’ Right to Trial and Respond to Monsanto’s Attempt to Dismiss Case

    New York – August 11, 2011 – The 83 family farmers, small and family owned seed businesses, and agricultural organizations challenging Monsanto’s patents on genetically modified seed filed papers in federal court today defending their right to seek legal protection from the threat of being sued by Monsanto for patent infringement should they ever become contaminated by Monsanto’s genetically modified seed. The Public Patent Foundation (PUBPAT) represents the plaintiffs in the suit, titled Organic Seed Growers & Trade Association(OSGATA), et al. v. Monsanto and pending in the Southern District of New York. Today’s filings respond to a motion filed by Monsanto in mid-July to have the case dismissed. In support of the plantiffs’ right to bring the case, 12 agricultural organizations also filed a friend-of-the-court amici brief.

    “Rather than give a straight forward answer on whether they would sue our clients for patent infringement if they are ever contaminated by Monsanto’s transgenic seed, Monsanto has instead chosen to try to deny our clients the right to receive legal protection from the courts,” said Dan Ravicher, PUBPAT’s Executive Director.  “Today’s filings include sworn statements by several of the plaintiffs themselves explaining to the court how the risk of contamination by transgenic seed is real and why they cannot trust Monsanto to not use an occurrence of contamination as a basis to accuse them of patent infringement.”

    It is now virtually impossible for a U.S. farmer to grow crops of their choosing (corn, soybeans, canola, etc.) and remain GMO-free because of the numerous biological and human means by which seeds can spread. “Given the difficulties in minimizing GM contamination farmers must make numerous decisions about which steps are worthwhile for them and which steps are not.  They are not able to make these decisions based on their own and their customers‘ interests, but must instead make these decisions with the threat of litigation from a giant corporation looming over their head,” Spiegel writes in the amici brief. “The constant threat of a patent infringement suit by Monsanto creates significant, unquantifiable costs for Plaintiff farmers and similarly situated farmers.” The plaintiffs can do everything possible to maintain non-contaminated seeds, and will very likely still become contaminated, and be placed under the threat of a lawsuit. As Monsanto’s domination of the seed industry grows, and the winds continue to disperse pollen from their GMO laced crops, the likelihood of contamination and lawsuits only increases.

    Monsanto has stated that they would not sue farmers who were “inadvertently” contaminated or farmers whose crops contain “trace amounts” of GMO, however they have refused to sign a simple covenant not to sue, that would bring an effective end to the lawsuit.

    Monsanto’s track record makes it clear that Monsanto intends to continue threatening and harassing farmers. “Monsanto has undertaken one of the most aggressive patent assertion campaigns in history,” wrote Ravicher. Monsanto admits to filing 128 lawsuits against farmers from 1997-2010, settling out of court with 700 others for an undisclosed amount. As Spiegel writes, “The passage of time and natural biological processes will inevitably lead to higher contamination levels, at which point Monsanto will have created a target-rich environment for its patent enforcement activities.”

    Plaintiffs Bryce Stephens, who farms in Kansas and serves as vice president of OSGATA, Frederick Kirschenmann, who farms in North Dakota, C.R. Lawn, who is founder and co-owner of Fedco Seeds in Maine, Don Patterson of Virginia and Chuck Noble, who farms in South Dakota, each submitted declarations to the court describing their personal experiences with the risk of contamination by genetically modified seed and why those experiences have forced them to bring the current suit. As summarized by the accompanying brief filed by PUBPAT on the plaintiffs’ behalf, “Monsanto’s acts of widespread patent assertion and the plaintiffs’ ever growing risk of contamination create a real, immediate and substantial dispute between them.”

    In their brief, the amici describe some of the harmful effects of genetically modified seed and how easily GMOs can contaminate an organic or conventional farmer’s land. The organizations filing the amici brief were Farm and Ranch Freedom Alliance, Biodynamic Farming and Gardening Association, Carolina Farm Stewardship Association, Ecological Farmers of Ontario, Fair Food Matters, International Organic Inspectors Association, Michigan Land Trustees, Natural Environment Ecological Management, Nebraska Sustainable Agriculture Association, Organic Council of Ontario, Slow Food USA, and Virginia Independent Consumers and Farmers Association.

    The brief filed by the plaintiffs in opposition to Monsanto’s motion to dismiss is available here.
    The amici brief in support of the plaintiffs is available here.


    Click here to Support the Organic Seed Growers and Trade Organization

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    1. It’s so frustrating that the little guy in our country always suffers at the hands of the big organization. I hope in this case, the band of Davids can defeat this evil goliath finally.

      It’s a matter of education. If people know about the benefits of organic food and the risks of non-organic and GMO food, they can make an informed choice. I choose organic food every chance I get.

    2. If you put up a site where I can send money to help count me in! After watching Food Inc. I think we need to help the small guy who is not trying to hurt anyone…just make a decent living.

      • Thank you. We really want to see the small farmers succeed too.

      • I totally agree, in the IT world we have the free software foundation that steps up to defend the “little guy’s”. I’d love to see an organization who’s mission was to raise funds and help support our hard working organic farmers… Anybody out there with the broad shoulders to take that on?

      • R Olsen, you might be interested in the Cornucopia Institute; “Seeking economic justice for the family-scale farming community. Through research, advocacy, and economic development our goal is to empower farmers – partnered with consumers – in support of ecologically produced local, organic and authentic food.”

        They would be happy to receive donations:
        http://www.cornucopia.org/

    3. No company should be allowed to control any foodstuff. There’s nothing wrong with capitalism but when they control a food market, I call that predatory capitalism. That’s taking a healthy appreciation and outlook of business just a tad too far. We must support policies that are good for people and not for business. We allow this issue to occur at our folly.

      • You couldn’t be more right Stuart!

        The very first time they began to introduce the title ‘ORGANIC’ before a product’s name, i knew we were in trouble!

        “Should there ever be another way to grow food crops but organically?”

        “And does it mean that a larger %age of the food products in our markets are synthetic, more so are we actually suppose to be content with that!”

        “I found fruits with no seeds in them in some countries i’ve visited, very sad”.

        Having control of who can grow food crops and who can’t is merely another clever way to subject people to total monarchy.

    4. I want to send money!! take these f*#&ers out!

    5. The Organic Seed Growers and Trade Association, the lead plaintiff in the lawsuit against Monsanto, is accepting donations. Donation money goes directly towards funding the lawsuit, as well as PR for helping to get the word out to the public.

      Here’s the link to donate: http://www.osgata.org/support-osgata

    6. The lawsuits should be the other way around where the organic farmer needs to be able to sue Monsanto for contaminating his crops. If a field is contaminated with Monsanto patented ‘life’ then it can no longer be considered organic. Since organic is a point of marketing these days. It would seem to me that it is the organic farmer that is the victim here twice over, not just because of the threat of lawsuit, but because of the contamination in the first place.

    7. So they finally got some nuts. It took long enough.

    8. I am so happy to hear that the family farmers are fighting back! It is scary to think that there’s a possibility of heirloom seeds disappearing and even scarier to think that a corporation could potentially control the food supply. I buy organic as much as I can and I try to grow my own vegetables as well. There is a very good documentary on the same topic called The Future of Food (thefutureoffood.com) if anyone wants to check it out, they go into explaining how GM seeds come to be and how the use of pesticides have increased dramatically in the recent years, it’s definitely worth watching.

    9. It’s easy, just have your armed ranch hands walk the property line and let the monsanto come tank your crops…

      • Except that Monsanto purchased the infamous Blackwater mercenary group through a subsidiary of the company. What would Monsanto need with it’s own private army?

        • subsidiary of the company. What would Monsanto need with it’s own private army?

      1. this actually is a really big deal – they are selling seedless growing plants in India that are putting farms out of business with an unsustainable crop – look into this, having just a free breeds of each plant is cause for disaster – ever heard of the lumpar potato…?

      2. We should be suing them for contaminating our crops with their un ethical standards.

      3. About time. Down with Monsanto and their poison and greed.

      4. What about the farmers that Monsanto has already sued and put out of business? I would really love to see them reimbursed!

      5. and monsanto would solve out as always, giving some little money (compared to its benefits) to the court members or just sometimes to the growers/farmers? is that how we solve unfair and unethical behaviour?
        i dont like.
        is that also the democracy that we would like to have? or is just oligarchy of really few people gettin richer and richer just because politics have to act on behalf of the financial market?
        And as i dont want that…. letś change it~!!

      6. Very exciting, but just wondering where the “270,000 organic farmers” figure comes from. I am seeing figures in cross-referenced articles between 60 and 85 farmers involved in the March 2011 filing…. Thanks!

      7. Monsanto is beyond evil. I hope the 270,000 get a million a piece. Taking Monsanto apart might be the best thing that ever happens to agriculture.

      8. a72a9e62a1267cac2b531b6ca8b37d54?s=40&d=http%3A%2F%2F0.gravatar.com%2Favatar%2Fad516503a11cd5ca435acc9bb6523536%3Fs%3D40&r=G Hrisztosz Joresz

        Organic food is our right! If Monsanto gets their way, what’s next …the air we breath will be owned by a multinational corporation?

      9. “It’s a matter of education. If people know about the benefits of organic food and the risks of non-organic and GMO food, they can make an informed choice. I choose organic food every chance I get”

        The fact is, you (we) are a minority in this country. Most people do not really care about these issues. What kind of seed is used? Get real! It has no immediate bearing on most people’s lives, thus it is irrelevant to them.

        What I’d like to know is what the heck ever happened to anti-trust laws and enforcement? Remember Standard Oil? Where are the court justices who will break up Monsanto?

        • Thank you, Mark. We’re with you on organics!

          There’s is a lot to be said for the influence our financial system has. Publicly traded corporations are ultimately controlled by Wall Street and the company stockholders.

      10. i am so rapt to see this occuring, i was very afriad after watching food inc, king corn, and other similar docos that the agricultural situation in america (dispite fantastic growth in orgainic and slow food movements) was in very dire straights indeed! awesome to see people standing up for what they believe in and fighting back!! good luck guys! what you do often flows on and affects the rest of the world, so i hope you win!

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      Ref:  http://www.growswitch.com/blog/2011/07/270000-organic-farmers-sue-m...

       

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      Monarch Butterflies: Latest Victims of GMO’s

      by Jill Ettinger

      butterfly-ccflcr-pictographic.jpgThe rampant planting of genetically modified seeds is threatening the survival of monarch butterflies, the orange and black speckled species common—and critical—to Midwest farmers, according to a new study published in the journal Insect Conservation and Diversity.

      The exact cause for the monarch population declines is debated among scientists, but the latest research cites the destruction of milkweed—the plant where the butterfly lays her eggs—as the main cause for the rapidly declining populations. Between 1999 and 2009, milkweed on Iowa farms declined by 90 percent.

      Monarchs are migratory pollinators, playing an important role in the propagation of a number of plants throughout the country.

      Milkweed is a common target for Roundup, the glyphosate based pesticide manufactured by the biotech corporation Monsanto, and used to kill weeds that threaten its GM Roundup Ready corn and soybeans, which are genetically designed to be resistant to the chemical.

      The number of genetically modified crops being grown in the U.S. are staggering: Just this year, almost 95 percent of soybeans and more than 70 percent of corn will be adulterated seeds by biotech giants like Monsanto. The more GM crops are planted, the more Roundup and other glyphosate pesticides are used. According to the EPA, since the Roundup Ready crops were introduced in 1993, use of the pesticide has increased at least ten-fold.

      But, milkweed may be declining for other reasons, too. Some scientists have pointed to urban sprawl, logging and other environmentally destructive practices besides the increase in genetically modified crops. And, there are other scientists who maintain that butterfly populations are not facing as significant a loss as speculated in the latest study.

      Keep in touch with Jill on Twitter @jillettinger

      Thanks to Charles Councill for this story

       

      via Monarch Butterflies: Latest Victims of Monsanto « OrganicAuthority.....

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      Leave a comment ?

      4 Comments.

      2ecd9fa37ea6834869df9afb89a3d051?s=40&d=http%3A%2F%2F0.gravatar.com%2Favatar%2Fad516503a11cd5ca435acc9bb6523536%3Fs%3D40&r=G Paul Cherubini

      Milkweed and monarchs continue to be abundant in the Roundup Ready crop growing areas. The crop margins / roadsides are not sprayed so there’s still a vast and stable supply of milkweed available for the monarchs.

      What other inland area of the USA, besides the GMO farmland of the upper midwest, are there monarchs clusters this big in numerous farm towns in the late summer?:
      Bird Island, Minnesota:
      https://www.youtube.com/watch?v=j4e3S2sm13g
      Danube, Minnesota:
      https://www.youtube.com/watch?v=MDxKwEgsjPc&NR=1
      Gibbon, Minnesota:
      https://www.youtube.com/watch?v=ZCayVVKhlWM
      Winthrop, Minnesota:

      https://www.youtube.com/watch?v=WJCnU7PB9to&feature=player_embedded

       

      https://www.youtube.com/watch?v=zAa7z5QdL4M

        aloha.

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