There is no Monsanto Protection Act
“Furthermore, the rider does not give USDA any new authority, since the department previously had issued exactly the same kind of temporary permits for farmers to grow biotech seeds they already had purchased. And in the 2010 case Monsanto v. Geertson Seed Farms, the Supreme Court ruled that courts should not automatically revoke a biotech crop’s approval when NEPA violations are found. So, all the Farmer Assurance rider does is codify existing case law and agency practice,” Conko wrote.
He further noted that the rider wasn’t slipped into the continuing resolution surreptitiously. Discussion within Congress has occurred off and on including during negotiations on the farm bill, and even provisions to give farmers even more rights related to planting biotech crops were discussed.
Conko’s added, “Given how abusive NEPA litigation has gotten and how disruptive these rulings are to farmers and the American food chain, enacting the Farmer Assurance Provision is the very least Congress should do to protect American agriculture.”