Can GM and organic farms coexist?

Writing for the Guardian, Australian Research Council future fellow Matthew Rimmer said the ruling raised the prospect of "biotrespass" laws to protect organic farmers.

The decision in Marsh v Baxterwill no doubt reignite the debate over GM crop liability. A number of scholars have argued that there is a need to revise liability regimes in respect of biotechnology. Professor Jeremy de Beerfrom the University of Ottawa has argued that there is a need to adapt the legal principles of trespass to accommodate recent developments in biotechnology, nanotechnology, and synthetic biology. He has called for the creation of a cause of action for "biotrespass".

No doubt the agricultural biotechnology industry would resist such efforts at law reform. From their perspective, GM crops should be subject to the same liability regimes as other forms of farming and agriculture.

At an international level, there will be further debate over the position of GM crops in the sweeping regional agreements under negotiation – including the Trans-Pacific Partnership. There is an intense struggle between organic farmers and the biotechnology industry at a number of levels in these international agreements.

The Marsh's lawyer, Mark Walter, said the case would have ramifications for Australia's organic industry and raised the possibility of appeal:

"This is a disappointing result for Mr Marsh and leaves Australia’s non-genetically modified food farmers with no legal protection against contamination from nearby properties ... We will closely examine the judgement of this complex and unique case and advise our client of his legal options, including his right to appeal."

The Safe Food Foundation, which helped bankroll Marsh's case, said the future for organic food in Australia was now "uncertain". The Foundation said the judge had erred by criticising Australia's organic food regulators for stripping Marsh's organic status.

The court in its judgment stated the decision by NASAA (National Association of Sustainable Agriculture Australia) to decertify Steve was erroneous. Given the extent of the contamination of Steve’s farm we fail to see how NASAA could have taken any other decision. Certainly 100% of organic consumers would support the NASAA decision.

Because the court did not recognise the NASAA decertification the court did not recognise the economic loss Steve suffered, and dismissed the case that Steve had brought for negligence and nuisance.

Foundation director, Scott Kinnear, said:

“This is a huge setback for organic and Non GM farmers and their choice to remain GM Free. This has been an important test case, of interest to many parties, locally and globally.

“We also call on our legislators to work on finding a solution to this vexed issue. State and Federal governments have continuously stated that the solution to any GM contamination events is common law. This has clearly failed today and demonstrates that the law has not kept up with new technologies such as GM.”

NASAA general manager Ben Copeman said the decision highlighted the need for legislative change for the sector and that it had opened up a "Pandora box" of conflict between the GM and organic farming sectors.

“We found GM canola growing on organically certified land. The court found that there was no risk of GM contamination. While tolerance thresholds for GM contamination are governed by the Federal Government under the National Standard for Organic and Biodynamic Produce, it is not a legislated standard and is not recognised by the courts." More

 

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Allan Savory: How to fight desertification and reverse climate change

"Desertification is a fancy word for land that is turning to desert," begins Allan Savory in this quietly powerful talk. And it's happening to about two-thirds of the world's grasslands, accelerating climate change and causing traditional grazing societies to descend into social chaos.Savory has devoted his life to stopping it. He now believes — and his work so far shows — that a surprising factor can protect grasslands and even reclaim degraded land that was once desert.

Allan Savory works to promote holistic management in the grasslands of the world.

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Climate change is clear and present danger, says landmark US report

Climate change has moved from distant threat to present-day danger and no American will be left unscathed, according to a landmark report due to be unveiled on Tuesday.

The National Climate Assessment, a 1,300-page report compiled by 300 leading scientists and experts, is meant to be the definitive account of the effects of climate change on the US. It will be formally released at a White House event and is expected to drive the remaining two years of Barack Obama's environmental agenda.

The findings are expected to guide Obama as he rolls out the next and most ambitious phase of his climate change plan in June – a proposal to cut emissions from the current generation of power plants, America's largest single source of carbon pollution.

The White House is believed to be organising a number of events over the coming week to give the report greater exposure.

"Climate change, once considered an issue for a distant future, has moved firmly into the present," a draft version of the report says. The evidence is visible everywhere from the top of the atmosphere to the bottom of the ocean, it goes on.

"Americans are noticing changes all around them. Summers are longer and hotter, and periods of extreme heat last longer than any living American has ever experienced. Winters are generally shorter and warmer. Rain comes in heavier downpours, though in many regions there are longer dry spells in between."

The final wording was under review by the White House but the basic gist remained unchanged, scientists who worked on the report said.

On Sunday the UN secretary-general, Ban Ki-moon, said the world needed to try harder to combat climate change. At a meeting of UN member states in Abu Dhabi before a climate change summit in New York on 23 September, Ban said: "I am asking them to announce bold commitments and actions that will catalyse the transformative change we need. If we do not take urgent action, all our plans for increased global prosperity and security will be undone."

Gary Yohe, an economist at Wesleyan University and vice-chair of the NCA advisory committee, said the US report would be unequivocal that the effects of climate change were occurring in real-time and were evident in every region of the country.

"One major take-home message is that just about every place in the country has observed that the climate has changed," he told the Guardian. "It is here and happening, and we are not cherrypicking or fearmongering."

The draft report notes that average temperature in the US has increased by about 1.5F (0.8C) since 1895, with more than 80% of that rise since 1980. The last decade was the hottest on record in the US.

Temperatures are projected to rise another 2F over the next few decades, the report says. In northern latitudes such as Alaska, temperatures are rising even faster.

"There is no question our climate is changing," said Don Wuebbles, a climate scientist at the University of Illinois and a lead author of the assessment. "It is changing at a factor of 10 times more than naturally."

Record-breaking heat – even at night – is expected to produce more drought and fuel larger and more frequent wildfires in the south-west, the report says. The north-east, midwest and Great Plains states will see an increase in heavy downpours and a greater risk of flooding.

"Parts of the country are getting wetter, parts are getting drier. All areas are getting hotter," said Virginia Burkett, chief scientist for global change at the US Geological Survey. "The changes are not the same everywhere."

Those living on the Atlantic seaboard, Gulf of Mexico, and Alaska who have weathered the effects of sea level rise and storm surges can expect to see more. Residents of coastal cities, especially in Florida where there is already frequent flooding during rainstorms, can expect to see more. So can people living in inland cities sited on rivers.

Some changes are already having a measurable effect on food production and public health, the report will say.

John Balbus, senior adviser at the National Institute of Environmenal Health Science and a lead author of the NCA report, said rising temperatures increased the risk of heat stroke and heat-related deaths.

Eugene Takle, convening lead author of the agriculture chapter of the NCA report, and director of the Climate Science programme at Iowa State University, said heatwaves and changes in rainfall had resulted in a levelling off in wheat and corn production and would eventually cause declines.

In California, warmer winters have made it difficult to grow cherries. In the midwest, wetter springs have delayed planting. Invasive vines such as kudzu have spread northward, from the south to the Canadian border.

Some of the effects on agriculture, such as a longer growing season, are positive. But Takle said: "By mid-century and beyond the overall impacts will be increasingly negative on most crops and livestock."

The assessments are the American equivalent of the UN's Intergovernmental Panel on Climate Change (IPCC) reports. This year's report for the first time looks at what America has done to fight climate change or protect people from its consequences in the future.

Under an act of Congress the reports were supposed to be produced every four years, but no report was produced during George W Bush's presidency. More

 

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