Today, federal district Judge Jeffrey White of the Northern District of California denied a request by a coalition of organic seed growers, and conservation and food safety groups seeking a temporary ban on genetically engineered (GE) sugar beets and sugar beet seeds. While Judge White denied the preliminary injunction, he indicated that permanent relief is likely forthcoming: “The parties should not assume that the Court’s decision to deny a preliminary injunction is indicative of its views on a permanent injunction pending the full environmental review that APHIS [Animal and Plant Health Inspection Service] is required to do.” The court further explained: “While the environmental review is pending, the Court is inclined to order the Intervenor-Defendants to take all efforts   to use conventional [non-GE] seed.”

The coalition’s motion for preliminary injunction, brought by Center for Food Safety and Earthjustice attorneys, called for a moratorium on all planting, production and use of the genetically modified seeds and beets until the court could consider a permanent remedy to the government’s unlawful deregulation of the crop. The coalition will argue for a permanent injunction at a hearing in July.

“Based on today’s ruling, we are encouraged that Judge White will order permanent injunction relief,” said Paul Achitoff, attorney for Earthjustice. “We will ask the Court to halt the use of genetically engineered sugar beets and seeds until the federal government does its job to protect consumers and farmers alike.”

In September 2009, the Northern California district court ruled that the U.S. Department of Agriculture had unlawfully approved Monsanto’s sugar beets, which are genetically engineered to withstand Monsanto’s herbicide Roundup, for commercial use. The court found that Roundup Ready sugar beets “may cross-pollinate with non-genetically engineered sugar beets and related Swiss chard and table beets,” and ordered the federal government to prepare an Environmental Impact Statement (EIS). The court also ruled that the government’s decision to deregulate Roundup Ready sugar beets “may significantly affect the environment.”

“Roundup Ready” sugar beets were engineered by Monsanto to tolerate exposure to that corporation’s weed killer. Commercial production of Roundup Ready sugar beets can result in genetic contamination of organic and conventional crops, increased use of Roundup and other herbicides, and loss of consumer choice to buy products with sugar not derived from GE beets.