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Geerston Seed Farms v. Johanns

ELR Citation: 38 ELR 20225
Nos. Nos. 07-16458 et al., (9th Cir., 09/02/2008) Injunction aff'd

The Ninth Circuit upheld a lower court order enjoining the future planting of disputed genetically engineered alfalfa seed pending the U.S. Animal and Plant Health Inspection Service's completion of an enivironmental impact statement. The district court applied the traditional balancing test, and not a categorical rule, in fashioning the injunction here. And the court did not err in declining to hold an evidentiary hearing before entering the injunction. The injunction involved only interim measures pending the agency's compliance with National Environmental Policy Act, and the district court considered extensive remedies-phase evidence.

[A prior decision in this litigation can be found at 37 ELR 20047.]