Update on Appellate Court Activity by the Sugar Industry Biotech Council

December 7, 2010

On December 6, 2010, the Ninth Circuit Court of Appeals granted a temporary stay of Judge Jeffrey White’s November 30, 2010, ruling requiring destruction of sugar beet stecklings (seedlings) currently being grown under permits from the U.S. Department of Agriculture’s (USDA) Animal and Plant Health Inspection Service (APHIS). The stecklings are intended for research and breeding purposes, as well as basic seed and hybrid seed production for 2012 and future years. The Appeals Court granted the stay of the district court’s order until December 23, 2010, and, in the interim, the Court will determine the next steps in the proceedings.

The beet sugar industry’s growers, processors, technology providers and seed producers are pleased that the Court of Appeals will now have a meaningful opportunity to consider relevant legal precedents and unrebutted evidence that the planting of these permitted steckling fields is authorized by law and would cause no harm.