Two outcomes appear to be under consideration by the Supreme Court Justices. First, they could give Monsanto the green light to resume sale of Roundup Ready alfalfa seed to farmers for planting before completion of the environmental impact study being performed by the U.S. Department of Agriculture. On the other hand, ruling in favor of the farmers who brought the original lawsuit could effectively force the government to increase scrutiny of genetically engineered crops. A ruling is expected by the end of June.

“If Monsanto was to succeed in the release of this perennial plant in this world, they would laugh their way into the history books,” Pat Trask, South Dakota seed farmer and plaintiff in the original lawsuit, told the Rapid City Journal after the hearing. According to Trask, Monsanto’s commercialization of Roundup Ready alfalfa will systematically eliminate other hay varieties via cross pollination, which will spell the doom of organic hay and seed producers.

Some of the most pointed questions from the Supreme Court Justices focused on the concept of “irreparable harm.” Justice Antonin Scalia said, “This is not the end of the world, it really isn’t. The most it does is affect the farmers who want to cater to European markets.”

After the hearing, Trask commented in response to Justice Scalia, “It’s not the end of the world, but it [loss of conventional alfalfa] makes a big hole in it.”

USDA and the Justice Department will host their second joint, public workshop to explore competition and agricultural antitrust issues. This workshop will be held at Alabama A&M University in Normal, Alabama, and will focus on poultry production contracts, vertical integration and buyer power.

Register to attend the workshop or provide comments at http://www.justice.gov/atr/public/workshops/ag2010/index.htm. Go to http://www.cfra.org/competition to follow this ongoing debate.

Contact: John Crabtree, johnc@cfra.org or 402.687.2103 x 1010 for more information.