Center for Food Safety v. Vilsack , No. 12-15052 (9th Cir. 2013)
Annotate this CaseThis appeal involved the USDA's regulation of Roundup Ready Alfalfa (RRA), a plant genetically modified by the Monsanto Company and Forage Genetics International to be resistant to the herbicide glyphosate (Roundup). At issue was the Record of Decision (ROD) issued by APHIS, which unconditionally deregulated RRA on the ground that it was not a "plant pest" within the meaning of the term in the Plant Protection Act (PPA), 7 U.S.C. 7701-7772. The court affirmed the judgment of the district court because the statute did not regulate the types of harms that plaintiffs complained of, and therefore, APHIS correctly concluded that RRA was not a "plant pest" under the PPA. Once the agency concluded that RRA was not a plant pest, it no longer had jurisdiction to continue regulating the plant. APHIS's lack of jurisdiction over RRA obviated the need for the agency to consult with the FWS under the Endangered Species Act, 16 U.S.C. 1531, and to consider alternatives to unconditional deregulation under the National Environmental Policy Act, 42 U.S.C. 4321 et seq. Accordingly, the district court properly entered summary judgment in favor of defendants.
Court Description: Environmental Law / Plant Protection Act. The panel affirmed the district court’s summary judgment in favor of federal officials and intervenor-defendants, comprised of corporate seed manufacturers and industry trade groups, in an action brought by environmental groups and farmer organizations challenging the Record of Decision issued by the United States Department of Agriculture’s Animal Plant and Health Inspection Service unconditionally deregulating Roundup Ready Alfalfa, a plant genetically engineered or modified by the Monsanto Company. The panel held the Plant Protection Act does not regulate the type of harms that the plaintiffs complain of, and therefore the Animal Plant and Health Inspection Service correctly concluded that Roundup Ready Alfalfa was not a “plant pest” under the Act. The panel held that once the agency concluded that Roundup Ready Alfalfa was not a plant pest, it no longer had jurisdiction to continue regulating the plant, and this obviated the need for the agency to consult with the Fish and Wildlife Service under the Endangered Species Act and to consider alternatives to unconditional deregulation under the National Environmental Policy Act. The panel also held that the Animal Plant and Health Inspection Service did not violate the Plant Protection Act by not considering, sua sponte, whether Roundup Ready Alfalfa was a noxious weed.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.