Thankfully, the farmers bringing the lawsuit were able to file a joint proposed order with the County that will stop the enforcement of the ban until the court has the opportunity to try the case.
For those not versed in legalese, the order is essentially an agreement between the parties that will stop enforcement of the ban until the lawsuit has been concluded. It is considered a “proposed” order until the judge signs and files it as part of the case. Although the farmers and the County have agreed to let the crops stay while the lawsuit is decided, the County has filed a response to the lawsuit and plan on defending the ban legally.
The other update in the case is that the County has transferred the case to a federal court. The lawsuit was originally filed by the farmers in the Jackson County Circuit Court, which is a state court. There are certainly benefits to litigating a case in federal court – especially because a plaintiff can only win with a unanimous jury, while in Oregon a jury only needs 3/4 of the members to agree. It was also suggested that the County may favor the federal court because federal judges are more familiar with these types of issues.
I think it interesting to note that other farmers in Jackson County that do not use genetically modified alfalfa wanted the ban enforced despite the lawsuit. According to Our Family Farms Coalition (gotta love the misleading campaign name!), the attorneys arguing in favor of the ban for the group include attorneys from Earthrise Law Center, part of the Lewis & Clark Law School, based in Oregon. A quick perusal of their website indicates they are a legal clinic associated with the law school that works on cases involving environmental activism through the school. However, it is a private law firm.
"The organic activist movement is social savvy, and the loudest voice in the room is typically the one that gets heard. The problem — and this is the reason that the select few who truly stand up for modern farming practices push back as hard as they do — is that organic activists don’t sell their products because they’re good at touting organic production but rather because they are skilled at vilifying conventional production."
Took the words right out of my mouth...via AGDAILY
The mantra from the anti-GMO activists for a long, long time has been that there is no scientific studies on biotechnology. If there are no studies then they cannot possibly be safe. But that old argu...
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