Executive Summary
Legal Petition Seeking an Environmental Impact Statement Concerning the Deregulation of
Genetically Engineered Wheat Varieties & Petition Seeking the Listing of Genetically
Engineered Wheat Varieties as Noxious Weeds
The United States is a major wheat producing country, with output exceeded only by China, the
European Union, and sometimes India. In 1999, wheat ranked third (behind corn and soybeans)
among U.S. field crops in both planted acreage and gross farm receipts.1 The U.S. is the world’s
leading wheat exporter.2 Wheat amounts to approximately 7.5% of all U.S. agricultural export
value.3 On December 19, 2002, the United States Department of Agriculture (USDA) received a
petition from Monsanto to allow the commercialization of herbicide resistant wheat. As the USDA
itself has stated, “Development of genetically modified, herbicide tolerant wheat varieties promises
significant benefits to spring wheat growers, but may also introduce some uncertainty in
marketing.”4
On February 25, 2003, several non-profit organizations representing the interests of wheat farmers
in the Northern Plains and individual wheat farmers filed a legal petition with the USDA requesting
that the agency deny the Monsanto commercialization petition until the federal government has fully
analyzed the potential economic and environmental impacts associated with the widespread
commercialization of genetically engineered wheat. Among the organizations and individuals
petitioning the USDA are: Dakota Resource Council, North Dakota State Senator April Fairfield,
National Family Farm Coalition, the Northern Plains Resource Council, Northern Plains Sustainable
Agriculture Society, Montana State Senator John Tester and the Western Organization of Resources
Councils.
The legal petition seeks the USDA compliance with several laws including the National
Environmental Policy Act, Migratory Bird Treaty Act and the Plant Protection Act. Specifically, the
legal petition seeks:
(1) a moratorium on the commercial introduction until the USDA completes a full
environmental impact statement assessing a number of potential impacts associated with
genetically engineered wheat. These impacts including increase use of the herbicide glyphosate, the
1
USDA/ERS, Wheat: Background, Briefing Rooms: Wheat, U.S. Department of Agriculture, available at
http://www.ers.usda.gov/briefing/wheat/background.htm (last visited Feb. 26, 2002).
2
USDA/ERS Wheat: Trade, Briefing Rooms: Wheat, U.S. Department of Agriculture, available at
http://www.ers.usda.gov/briefing/wheat/trade.htm (last visited Feb. 26, 2002).
3
Id.
4
USDA/ERS, Wheat: Background, supra note 73.
potential for the development fo herbicide resistant weeds; adverse impacts on social ecology, adverse impacts of
pollinators, adverse impacts on migratory birds that use wheat fields ads habitats and food sources, and
contamination of existing non-genetically engineered wheat seeds with genetically engineered traits.
(2) inclusion of socio-economic impacts analysis in any environmental impact analysis
performed concern the commercialization genetically engineered wheat. This include
assessing:
(A). The potential loss of US wheat exports resulting from market rejection of
genetically engineered varieties of wheat. A recent economic analysis under way at Iowa
State University has found that commercial introduction of genetically engineered hard red spring
wheat could result in loss of between 33% and 52% of the current U.S. export market.
(B). The potential loss of U.S. organic wheat production in the Northern Plains
because of contamination of organic wheat supplies by genetically engineered traits.
The economic impacts on organic producers will be particularly hard felt in Montana and North
Dakota. The two states were the top organic wheat producers in 1997 with 32,000 and 24,000
certified acres of organic wheat production respectively.
(C). The effects of increased seed prices to wheat farmers if they are forced to pay
royalties fees and sign technology use agreements in order to obtain access to
genetically engineered seeds.
(3). the listing of genetically engineered wheat varieties on the Federal noxious weed list
because of the potential for genetically engineered wheat varieties to become a difficult to
remove volunteer weed and to create hybridized, herbicide resistance wheat weeds such as
jointed goatgrass. Such a listing would bar herbicide resistant genetically engineered wheat
from any future approval or use.
As established under law and regulations, the USDA must provide an answer to the legal petition
within a reasonable time. Failure to respond within a reasonable time will be viewed by petitioners
as a constructive denial of the requests contained in the petition and will compel litigation.