Suit targets open-air biopharm crop testing
By Sean Hao
Advertiser Staff Writer
Environmental watchdog group Earthjustice filed suit in federal district court in Honolulu yesterday demanding the U.S. Department of Agriculture put a halt to all open-air testing of biopharmaceutical crops nationwide.
The lawsuit focuses on the relatively new area of crop research where plants are engineered to produce nonfood items, such as drugs or industrial chemicals. Proponents hope crops will produce the chemicals cheaper and faster than today's pharmaceutical factories. Critics contend the technology is racing ahead of what is known about potential risks to the environment, people and food supply.
Oakland, Calif.-based Earthjustice said it raised the issue in Hawai'i district court because of the state's large number of endangered species and because the state is a hub for genetic crop research. The federal government has approved 14 permits to field test biopharmaceuticals in Hawai'i since 1998.
"Hawai'i has become the genetic engineering field test capital of the world," said Paul Achitoff, managing attorney for Earthjustice's Hawai'i office. "What we have here is a very bad choice of location for this type of experimentation."
Industry representatives argue that enough safeguards are in place.
"The current regulations are adequate," said Cindy Goldstein, a spokeswoman for Pioneer Hi-Bred. Pioneer parent DuPont is identified in Earthjustice's lawsuit as a company with federal permission to field test biopharmaceutical crops.
"We don't (field test biopharmaceutical crops) as a company, but we support the commercialization of those plant-made biotech products," she said.
Goldstein pointed out that after an incident last fall in which biopharmaceutical corn on the Mainland was found mixed with soybeans meant for human consumption, the U.S. Drug Administration proposed new rules aimed at reducing the movement of biopharmaceutical seed and preventing genetically engineered crops from mixing with food crops.
"As there have been issues such as the ProdiGene case, the USDA has added additional regulatory steps," Goldstein said.
Earthjustice contends a ban on field testing is needed because the government has not conducted environmental impact statements before allowing such testing, or consulted with the U.S. Fish and Wildlife Service on its potential impact on endangered species.
The suit was brought by a coalition including the Center for Food Safety, Friends of Earth, Kahea and the Pesticide Action Network North America.
According to Earthjustice, Dow AgroSciences, Monsanto and ProdiGene were engaged in the testing of biopharmaceuticals as of May, though Monsanto has since said it plans to stop such tests as a cost-cutting measure.
During the past decade, the value of the state's seed-crop industry, 40 percent of which is estimated to involve genetically engineered crops, has grown fivefold, to a record $48.7 million last year. Just how much of that work involves biopharmaceutical crop testing is unknown, though it's believed to be a relatively small amount.
The lawsuit follows one filed in September by Earthjustice, which seeks to use open-record laws to force the state to allow inspection of its files on two companies given permission to grow genetically engineered pharmaceutical crops in Hawai'i. Many details surrounding such research remain confidential including testing locations.
Reach Sean Hao at shao@honoluluadvertiser.com or 525-8093.
