We have not
heard the end of this of course. To
start with organic certification is an economic advantage that can be monetized
and used to clearly establish damages.
Better this
damage is ongoing even assuming the plaintiff exercises heroic efforts to undo
the damage. My point is that judges
understand economic damage. If I had a
herd of cattle trample my neighbor’s field, that judge would have made me pay.
The task is to
launch multiple suits for damages whenever such damage occurs. The damage issue cannot be much clearer. If of course, the price of GMO grain rises,
the revers will be true. After all
Monsanto has already shown that they can sue and collect in such situations.
More
important, all the precedents come under common law and are not that binding
leaving plenty of discretion to the judges.
Thus Monsanto will be stuck with paying of every judge in the world to
win every fight. a lot of these claims
can even be pursued in small claims court.
The
Day GMOs Ate an Organic Farm
Barbara H. Peterson
It’s a sad day in Organic Town when the
government decides that organic farmers have no recourse against GMO
contamination from the companies that sell genetically engineered (GMO) crops
or the GMO farmers that cause organic crops to be contaminated. A sad day,
indeed.
That is exactly what happened to Australian
farmer, Steve Marsh when his organic crop was contaminated by his neighbor’s
GMO crop.
Western Australian farmer Steve Marsh
(#IamSteveMarsh) has lost a landmark case which could have protected his
organic status, after his property was contaminated by GM canola from a
neighbouring farm.
The verdict was handed down Wednesday and
can be found here:
Marsh, an organic farmer from Kojonup, south
of Perth, Western Australia (WA), lost organic certification for most of his
farm when GM canola contaminated his crop. He took action by suing his
neighbour Michael Baxter in the Supreme Court of WA, in a landmark world’s
first trial which started earlier this year.
While organic farmers try and figure out how
to survive in the face of what appears to be an unstoppable government-backed
onslaught on their very right to exist, biotech firms along with their flunky
farmers are doing the happy dance. Why? Because they are apparently immune from
any type of liability if their GMO crops contaminate and ruin organic farms.
The ruling in Marsh v Baxter is an enormous win for the agricultural biotechnology industry,
and has disappointed organic farmers and their advocates…
First, [Judge] Martin concluded “that there
was no unreasonable interference by Mr Baxter with the Marshes’ enjoyment of
Eagle Rest merely by his growing RR canola on Sevenoaks during 2010″.
Second, he held that Baxter’s swathing
wasn’t “unreasonable interference with the use and enjoyment by the Marshes of
Eagle Rest” – irrespective of their organic certification and the contracts
that relied upon it.
Third, the Marshes’ action in negligence
also failed, in part because of the novelty of the case led to “the absence of
a duty of care to avoid a foreseeable economic loss”.
Finally, the judge rejected the claim for a
permanent injunction to stop Baxter swathing in the future, because of “the
absence of an empirical basis to support any buffer distance”…
While the critics of genetically modified
crops were disappointed by the decision, the agricultural biotechnology
industry was jubilant. Matthew Cossey, chief executive of CropLife Australia,
said the decision was a “victory for common-sense and confirms the long
standing tradition of coexistence of all farming methods”.
When you read “victory for common-sense and
confirms the long standing tradition of coexistence of all farming methods,”
this actually means – victory for the right of GMO farmers to contaminate
whomever they like and wipe non-GMO farmers out of existence legally. Oh well,
I guess it is the organic farmer’s fault for not wanting GMOs. Too bad, so sad,
let’s just go to the pub and have another round of GMO beer and celebrate the
victory for GMO agribusiness, shall we? I think not.
If anything, this case makes it just that
much more apparent that the government is not our friend. It will not take care
of us, it does not care if we die. Those in it will lie to cover their tracks,
and justify those lies with falsified information taken from their corporate
masters. It gives itself a free pass to maim, destroy, sicken and otherwise
take advantage of the trust that people blindly place in its benevolence. It is
not benevolent. It is malevolent. The only good it does is for show in order to
gain a bigger foothold on controlling the people and all resources.
Actions speak much louder than words, and
they are speaking louder every day. Just ask Steve Marsh.
No comments:
Post a Comment