Monsanto files against DuPont

ST. LOUIS, Mo. (AP) — Monsanto Co., the world’s biggest seed maker, said it filed a lawsuit against E.I. du Pont de Nemours and Co. and its subsidiary Pioneer Hi-Bred International, Inc., claiming unlawful use of Monsanto’s proprietary Roundup Ready herbicide tolerant technologies in soybeans and corn.

The St. Louis-based company said Pioneer publicly spoke of plans to replace Monsanto’s Roundup Ready trait with its Optimum GAT trait but recently admitted that its Optimum GAT trait, when used alone, presents unacceptable risks to farmers.

Monsanto went on to claim that Pioneer is misusing Monsanto’s Roundup Ready trait to mask these problems, violating Monsanto’s contract rights and U.S. patents. “As the saying goes, imitation is the sincerest form of flattery,” said Hugh Grant, Monsanto’s chief executive. “However, unlawfully taking technology is neither imitation nor flattery; it is unethical and wrong.”

In a statement responding to the lawsuit, DuPont group Vice President James Borel said this move is another example of Monsanto’s use of litigation and “aggressive tactics to preserve their monopoly and attempt to intimidate customers, seed partners and competitors.

“The lawsuit incorrectly claims that Pioneer and DuPont may not combine the innovative Optimum GAT trait with any soybeans already containing a Roundup Ready trait,” Borel said. He added that this restriction is “one of many practices that Monsanto engages in to limit the availability of competitive products.”

German court GMO corn ban

BERLIN (AP) — A German court on May 5 rejected an attempt by the world’s leading seed seller, Monsanto Co., to suspend a government ban of its genetically engineered MON810 corn, saying it may pose a risk to the environment.

Braunschweig administrative court spokesman Torsten Baumgarten said in a statement the Agriculture Ministry had shown that it had assessed the possible risk posed by the corn “sufficiently and without arbitrariness,” allowing the ban to remain in place.

Monsanto had sought to suspend the ban, pending the outcome of a suit asking for its permanent reversal. That suit must still go before the court, but an initial ruling upholds the ban in the meantime. Earlier this month, Agriculture Minister Ilse Aigner banned the sale and planting of MON810 seeds, saying they present a danger for the environment although the European Union had authorized it in 2004.

The genetically engineered seeds produce a toxin to ward off insects. Monsanto claims this genetic trait reduces the need for chemical pesticides, but opponents fear the seeds will spread and alter the natural surroundings.

Baumgarten said although the ministry so far had produced no “clear evidence” showing that genetically altered corn poses a danger to the environment, the suspicion is enough to uphold the ban until a final ruling can be made. In addition, he said recent tests indicate the toxin produced by the corn can be harmful to other insects as well as vermin and that pollen from genetically modified corn can spread farther than previously thought.
No hearing date has yet been set for the suit seeking the ban’s permanent reversal.

Farm culls 500 infected pigs
TORONTO (AP) — Five hundred hogs quarantined on an Alberta farm after they were diagnosed with swine flu have been culled because of overcrowding.

Canadian authorities said Saturday that the quarantine left the farm unable to ship hogs to market, resulting in an overpopulation of pigs. They said it was the best course of action for the herd’s welfare.

The remaining herd of 1,700 pigs is still under quarantine.

State removing farm’s manure
EATON, Ind. (AP) — A state agency is having 4.5 million gallons of manure removed from an eastern Indiana hog farm that went out of business after being prosecuted for violating environmental laws.
The Indiana Department of Environmental Management (IDEM) faces a possible $400,000 bill to have the manure shipped and treated at an Indianapolis sewage plant, although an agency spokesman said it is seeking payment from the current property owners. A contractor hired by IDEM is working at the farm near the Delaware County town of Eaton to empty two pits in barns and lower a lagoon to a safer level.

“IDEM staff assessed conditions of the lagoon and barns, and determined that immediate action was necessary to prevent the potential for a spill,” agency spokesman Barry Sneed told The Star Press of Muncie.

Muncie Sow Unit LLC has pled guilty to a felony charge of failing to maintain its 12-million gallon manure lagoon at a level to prevent overflows. Judi Calhoun, a deputy county prosecutor, said the corporation’s sentencing has been scheduled for June 3.

When the corporation pled guilty in October, prosecutors dropped three felony environmental charges against the defunct farm’s owner, Jacobus John Tielen, 40, formerly of Eaton. Since 1999, he has been fined more than $21,000 for spilling manure, failing to report manure spills, killing fish and other violations.

Julie Alexander, a member of Indiana CAFO Watch, complained that taxpayers were having to pay for cleaning up the large hog farm, which fell under state regulations for a concentrated animal feeding operation.

“It is evident that IDEM was not able to provide the oversight and regulation needed to make this swine CAFO in compliance,” Alexander said.

Sneed said new owners bought the property last year and that the agency was working with them “to address the situation.” It will cost IDEM 9 cents a gallon to have the manure trucked and treated in Indianapolis, or $405,000 for the full 4.5 million gallons. However, it will cost only 2 cents a gallon if the manure can be spread on land as fertilizer.

“IDEM will continue to bring the manure to Indianapolis until the ground is dry enough to allow land application,” Sneed said. “At that point we will land-apply as much as we can.”