- Help Stop Monsanto
- Decisions Give Corporations Yet More Power
- PCB Capacitors in Gasoline Pumps
- Area Greenhouse Gas Emitters from EPA’s Online Interactive Map
- Commonwealth Magazine Investigates Department of Conservation and Recreation (DCR) Public Lands Leasing Policy
- Appalachian Mountain Club Names New President
- Project Native Receives Housatonic Heritage Grant
- Update on Rest of River Cleanup
- Hidden Hazards in the Nursery: Flame Retardants
- River Network and MillerCoors Announce Grant Contest RFP
- Grant Application Open for Private Landowners
- Charter Oak Farm Looking for Intern
- Huntington Farm Intern Needed
- Massachusetts Agriculture in the Classroom is seeking a part-time Program Assistant
Help Stop Monsanto
A group of farmers and organic agricultural organizations have filed a lawsuit challenging Monsanto’ seed patents and the perverse laws that allow victims of GMO pollen drift or seed contamination to be sued by Monsanto for patent infringement! An important court hearing is scheduled for January 31st in Manhattan and the plaintiffs feel that it would be very helpful if a lot of people turned up for this hearing. If people in this area are interested in learning more, Don Patterson, one of the plaintiffs, will hold an informational meeting this coming Sunday, January 22nd, at 10 am at the Hawthorne Valley Farm Learning Center in Harlemville, NY. If you are interested in attending this informational meeting, please contact me ASAP, malcolm9@verizon.net.
General information about the importance of this lawsuit for both producers and consumers is contained in the document attached to this message. Information about the importance of the upcoming court hearing in Manhattan is found below. If you would like to attend this hearing, please read the information below and contact Gianni Ortiz (gianni@gianniortiz.com).
Sincerely yours,
Malcolm Gardner
(518-828-1797)
Farmers and Seed Distributors Defend Right to Protect Themselves from Monsanto Patents
Organic Seed Growers and Trade Association (OSGATA) vs. Monsanto
The Federal District Court of Southern New York
500 Pearl Street,
New York, NY 10038
January 31, 2012, 9am
Gathering, 8 am, Location TBD but near this location
>From the opening remarks of OSGATA v. Monsanto:
Society stands on the precipice of forever being bound to transgenic agriculture and transgenic food.1 Coexistence between transgenic seed and organic seed is impossible because transgenic seed contaminates and eventually overcomes organic seed. History has already shown this, soon after transgenic seed for canola was introduced, organic canola became virtually extinct as a result of transgenic seed contamination. Organic corn, soybean, cotton, sugar beet and alfalfa now face the same fate, as transgenic seed has been released for each of those crops, too. Transgenic seed is being developed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.
In July Monsanto submitted a motion to dismiss this case on grounds that it is merely a political, hypothetical and publicity seeking lawsuit (read frivolous), rather than a serious judicial matter that would address real harm to real people, animals, property and markets. Judge Naomi Buchwald has given the plaintiffs the opportunity to further make their case with oral arguments for her thorough consideration of the merits of the case. Basically, this hearing will determine whether Organic and Biodynamic practitioners, eaters and dedicated organizations will get their day in court or not.
Between 1997 and 2011 Monsanto filed 144 lawsuits and settled out of court with well over 700 farmers (1) for undisclosed dollar amounts, but we do know it is in the many tens of millions of dollars. This number remains elusive because when a farmer succumbs and pays the settlement they are then required to sign a gag order. Many farmers targeted by these lawsuits have lost their farms as a result of being bankrupted by them. Monsanto’s infringement investigations have intensified of late, so these numbers have only risen. Their patent infringement investigation department is staffed by 75 full time employees whose sole purpose is to find farms that have been contaminated by their unwanted seed. This is one of the most aggressive campaigns of ‘patent enforcement actions’ on record, according to Attorney Dan Ravicher, Executive Director of PUBPAT and counsel for the plaintiffs. The Center For Food Safety published a report detailing some of these lawsuits and damages in 2005, which was updated in 2007. It is a truly heartbreaking read.
This is a ground breaking court case in an epic David and Goliath struggle. Testimony and oral arguments on January 31st will determine if this case will be able to go forward, establish standing and then move on to discovery or will be dismissed. The are many ‘firsts’ associated with this case, but most importantly – this is the first time farmers, organic or otherwise, have had legal representation with the financial and professional resources to fully pursue a lawsuit against the biotech giant, challenging Monsanto’s right to prosecute and bankrupt farmers who never wanted GMOs in their fields in the first place. All of this could have easily been avoided had Monsanto agreed to sign a legally binding document stating that they would not sue organic farmers in the future. They refused.
Homeowners who have fruit and/or vegetables growing on their property are equally threatened, as Monsanto has bought up many different kinds of seed companies, including organic. Many of our favorite garden varieties are now exposed to genetically modified ‘drift’.
OSGATA’s Attorney Dan Ravicher and PUBPAT represented the plaintiffs in the landmark human gene patent case against Myriad Genetics and won. Myriad held the patent to two genes that are associated with breast and ovarian cancer. This prohibited women and their doctors – as well as researchers – from even looking at these genes without paying Myriad $3,000 to do so. It is currently slated to be considered by the Supreme Court.
occupymonsanto
…courteously! We are asking those who support this pursuit of food sovereignty, integrity and justice to gather outside the courthouse at 8 am on the morning of January 31st. Details and a guideline are available at www.osgata.org, which is the best source for up to date information. Judge Buchwald is due a good deal of gratitude for granting this hearing and any gathering should be respectful of the court. Courthouse security has expressed concern about disruptive behavior, not just because Monsanto is so broadly ‘unloved’, but this courthouse has been the site of many extremely controversial cases, including big ticket international terrorism cases. I’d like to make clear that this is an entirely separate action from the legal case. Bring your creativity, enthusiasm, signs, costumes, props, etc. but please leave your (even if well deserved) ire and frustration at home.
Please email me if you think you will be joining us. Please feel free to share this widely – the time is short.
The following is a summary of some important developments up to this point.
Best,
Gianni
gianni@gianniortiz.com
Dr. Mercola Interviews Dr. Huber about GMO (Part 1 of 2) – YouTube
Dr. Mercola Interviews Dr. Huber about GMO (Part 2 of 2) – YouTube
From the January issue of The Atlantic:
The Very Real Dangers of Genetically Modified Foods
Footnotes
1.) Farmers and Seed Distributors Defend Right to Protect Themselves From Monsanto Patents, http://www.osgata.org/farmers-defend-right-to-protect-themselves-from-monsanto-patents
Farmers and Seed Distributors Defend Right to Protect Themselves from Monsanto Patents
Judge Buchwald has now set oral arguments on Monsanto’s dismissal motion for January 31st, 2012, and this is more important than it might seem, because it has to do with our standing to bring our lawsuit before the court. We hope to have lots of support at the courthouse on that day. We requested the opportunity to present oral arguments, and the judge granted the request even though she did not have to hold any oral arguments on the matter. She could have written her decision based on the written filings. Now, the ruling could follow a couple of months after the oral arguments or about a year after the case was originally filed.
We know Monsanto will follow this pre-trial motion with two more, so we may not get to the substance of the case until next winter. Meanwhile, this judge has a record of being thorough and careful in the preparation of her rulings, and this is one of the more complex cases to come before any judge. Most work judges do is simple by comparison with this case.
New York – August 11, 2011 – The eighty-three family farmers, small and family owned seed businesses, and agricultural organizations challenging Monsanto’s patents on genetically modified seed filed papers in federal court today defending their right to seek legal protection from the threat of being sued by Monsanto for patent infringement should they ever become contaminated by Monsanto’s genetically modified seed. The Public Patent Foundation (PUBPAT) represents the plaintiffs in the suit, titled Organic Seed Growers & Trade Association (OSGATA), et al. v. Monsanto and pending in the Southern District of New York. Today’s filings respond to a motion filed by Monsanto in mid-July to have the case dismissed.
“Rather than give a straight forward answer on whether they would sue our clients for patent infringement if they are ever contaminated by Monsanto’s transgenic seed, Monsanto has instead chosen to try to deny our clients the right to receive legal protection from the courts,” said Dan Ravicher, PUBPAT’s Executive Director. “Today’s filings include sworn statements by several of the plaintiffs themselves explaining to the court how the risk of contamination by transgenic seed is real and why they cannot trust Monsanto to not use an occurrence of contamination as a basis to accuse them of patent infringement.”
Plaintiffs Bryce Stephens, who farms in Kansas, Frederick Kirschenmann, who farms in North Dakota, C.R. Lawn, who is founder and co-owner of Fedco Seeds in Maine, Don Patterson of Virginia, and Chuck Noble, who farms in South Dakota, each submitted declarations to the court describing their personal experiences with the risk of contamination by genetically modified seed and why those experiences have forced them to bring the current suit asking the court to declare that Monsanto could never sue them for patent infringement if they were ever contaminated by Monsanto’s GMO seed. As summarized by the accompanying brief filed by PUBPAT on the plaintiffs’ behalf, “Monsanto’s acts of widespread patent assertion and plaintiffs’ ever growing risk of contamination create a real, immediate and substantial dispute between them.”
Twelve agricultural organizations also filed a friend-of-the-court amici brief supporting the right of the plaintiffs to bring the case. In their brief, the amici describe some of the harmful effects of genetically modified seed and how easily GMOs can contaminate an organic or conventional farmer’s land. The organizations filing the amici brief were Farm and Ranch Freedom Alliance, Biodynamic Farming and Gardening Association, Carolina Farm Stewardship Association, Ecological Farmers of Ontario, Fair Food Matters, International Organic Inspectors Association, Michigan Land Trustees, Natural Environment Ecological Management, Nebraska Sustainable Agriculture Association, Organic Council of Ontario, Slow Food USA, and Virginia Independent Consumers and Farmers Association. (The full text of the filings can be found at:
http://www.pubpat.org/mtdoppfiled.htm)
Decisions Give Corporations Yet More Power
from the Alliance for Justice
The Supreme Court this week handed down more rulings that continue the pro-corporate pattern long established by Chief Justice John Roberts and the conservative majority. From AT&T to Wal-Mart, the Court has consistently favored the interests of wealthy businesses over the rights of everyday Americans.
Alliance for Justice’s recent report, How the Corporate Court Bends the Law to Favor the 1% (.pdf download), shows how the Court has not only strained to reach its pro-corporate decisions, but has actively sought out cases that can expand corporate power.
BEAT Note: We believe not only that this is an environmental issue, but that it is one of the biggest environmental issues today.
PCB Capacitors in Gasoline Pumps
To gasoline station owners and operators: Please be aware that PCB oil-filled capacitors are contained in some older gasoline pumps. In order to comply with state and federal regulations for proper disposal, the Connecticut Department of Energy and Environmental Protection (CT DEEP) produced this guideline to ensure gasoline pumps destined for scrap or disposal are checked for capacitors and handled accordingly.
A small capacitor may be dry or oil-filled. A dry capacitor is not hermetically sealed and usually has a porous plug at one end. Dry capacitors may be landfilled. Oil-filled capacitors are usually in metal casings and are hermetically sealed. Oil-filled capacitors manufactured after 1979 may have “no-PCBs” printed on the casing. If, however, it is not marked as such, all oil-filled capacitors are assumed to be PCB and are required to be disposed of in a chemical waste landfill or incinerator.
Carefully dismantle the gasoline pump and check for oil-filled capacitors. When removing a capacitor, please wear eye protection and gloves. Be careful not to puncture the capacitor. Check the casing for leaks or non-PCB status. If it is determined to be PCB, the capacitor should be properly disposed through a permitted PCB waste handler.
Any questions regarding capacitors should be referred to the PCB Program of the CT DEEP at (860) 424-3368, e-mail the PCB Coordinator or write to: Department of Energy and Environmental Protection Bureau of Materials Management and Compliance Assurance PCB Program 79 Elm Street Hartford, CT 06106-5127
Area Greenhouse Gas Emitters from EPA’s Online Interactive Map
The Environmental Protection Agency (EPA) has made available an online, interactive map identifying the country’s major industrial emitters of greenhouse gases. Not all emitters are included in the data (for instance, Congress managed to keep emissions from industrial agriculture from being reported). However, taken together, the sources identified on the map account for about 80% of stationary emissions of carbon dioxide and other greenhouse gases in the U.S. On the map in our area are:
- The Mount Tom Power Plant on Northampton St. in Holyoke (478,577)
- Specialty Minerals on Columbia St. in Adams (170,282)
- Covanta Springfield on M Street in Agawam (105,392)
- The UMASS Physical Plant on Campus Center Way in Amherst (102,816)
- Pittsfield Generating on Merrill Road in Pittsfield (92,476)
- Covanta Pittsfield on Hubbard Ave. in Pittsfield (66,034)
- Northampton Landfill on Glendale Road in Northampton (28,807)
- The Granby Sanitary Landfill on New Ludlow Road in South Hadley (14.936)
- South Hadley Landfill on Industrial Drive in South Hadley (11,734)
- Oldcastle Stone Products on Marble St. in Lee (5,501)
(Numbers are in metric tons of CO2 equivalent)
Commonwealth Magazine Investigates Department of Conservation and Recreation (DCR) Public Lands Leasing Policy – from Environmetnal League of Massachusetts
After leasing problems were brought to light by a series of public record requests filed by CommonWealth Magazine, State Auditor Suzanne Bump was called in by DCR Commissioner Ed Lambert. Bump’s team has unearthed records which reveal that rent from some of the agency’s leases is going uncollected, expiration dates on others are being ignored, and leases are being renewed in perpetuity at ridiculously low terms.
CommonWealth’s investigation found the agency’s records are in terrible shape, too few people are keeping track of the leases, and oversight of the leases is often split between two agencies. Bump says Lambert wants the situation addressed quickly and comprehensively.
Read the full story here.
Appalachian Mountain Club Names New President
John D. Judge, a successful nonprofit and government leader, has been named President of the 136-year-old Appalachian Mountain Club (AMC) following a nationwide search. The announcement was made today by Laurie Gabriel, Chair of AMC’s Board of Directors.
Judge, 44, will become the fourth chief executive of the AMC effective February 1, 2012. He will succeed Andrew J. Falender, who is retiring after 23 years of successful leadership as AMC President.
As President, Judge will oversee the nation’s oldest outdoor recreation and conservation organization with more than 100,000 members, advocates, and supporters in 12 chapters from Maine to Washington, D.C. Headquartered in Boston, the AMC advocates for the conservation and protection of the mountains, rivers, and forests in the region; offers over 8,000 outdoor trips each year; maintains over 1,500 miles of hiking trails; and hosts over 150,000 overnight guest visits at its huts and lodges. Over the last eight years, it has conserved 66,500 acres of land in Maine’s 100-Mile Wilderness region used for outdoor recreation, education, and sustainable forestry, where AMC manages over 90 miles of hiking and cross-country ski trails and three year-round lodges.
Project Native Receives Housatonic Heritage Grant
GREAT BARRINGTON, MA, January 12, 2012.
Project Native, a horticultural farm and wildlife sanctuary growing native plants in Southern Berkshire County, was awarded a Heritage Partnership Grant from Housatonic Heritage. The grant will help fund the development and maintenance of a self-guided interpretive trail on Project Native’s 54-acre farm.
The farm’s native seed banks, demonstration gardens, meadows, and restored woodlands, offer visitors a unique opportunity to experience the natural heritage of the Berkshire landscape in the form of over 180 species of native herbaceous perennials, shrubs, grasses, sedges and ferns.
When complete the trail will guide visitors through a native woodlands, meadows and wildlife habitats. The trail will increase awareness of Project Native’s mission and establish the farm as an educational destination.
The following is in response to a number of recent inquires about the status of the ongoing discussions among the state and federal regulatory agencies. There will likely be additional meetings scheduled at the end of this month. Please contact me if you have any questions.
The U.S. EPA and the States of Massachusetts and Connecticut and have been meeting this fall to discuss remedial options for the Housatonic Rest of River. They have been working with seriousness, diligence, and cooperation. The agencies have met among management, technical leads, and technical and legal staff to discuss a range of topics. These include:
- Standards and regulations guiding cleanup
- The physical components and structures of the River (riffles, runs, pools, etc.) and its associated ecosystem and habitats
- PCB contamination in Woods Pond
- PCB contamination in river sediment
- PCB contamination in river bank soil
- PCB contamination in floodplain soil
- A host of ideas, options, and alternatives to address protection of human health and the environment and preservation of valued habitats, ecosystems, and the natural functions and movement of the River
Over the next several weeks, the agencies intend to continue the in-depth technical discussion and anticipate completion of the deliberations in the first part of 2012. Then, a briefing and a schedule update for the general public will be provided.
Jim Murphy
United States Environmental Protection Agency
New England – Region 1
Office of the Regional Administrator
5 Post Office Square, Suite 100
Mail Code ORA 01-1
Boston, MA 02109-3912
617-918-1028 (phone)
617-721-2868 (cell phone)
617-918-0028 (fax)
Hidden Hazards in the Nursery: Flame Retardants
Posted on Jan 11, 2012
Popular baby products, including nursing pillows and car seats purchased in Massachusetts, contain toxic flame retardants linked to cancer, hormone disruption, and other health effects, according to a new report released today by the Alliance for a Healthy Tomorrow, Washington Toxics Coalition and Safer States. Children and families are exposed to the compounds, called tris chemicals, when they escape from household items and contaminate house dust and indoor air.
In Massachusetts, the proposed Safer Alternatives Bill (S-2079) would replace toxic chemicals with safer alternatives wherever that’s feasible. The program to be created by the bill would focus on toxic chemicals used in ways that result in exposure to children or workers.
<More>
Call your state senator and ask them to support the Safer Alternatives Bill.
River Network and MillerCoors Announce Grant Contest RFP
Posted: 01/11/2012
With funding and support from MillerCoors, River Network will award $56,000 in grants to conservation organizations working to protect water resources.
This is a contest grant program with direct public involvement deciding final awardees.
From the pool of submitted proposals, six finalists will be chosen by committee. The six chosen proposals will be posted on River Network’s website, and the public will vote for their favorite project.
1st Place -$25,000
2nd Place -$15,000
3rd Place – $10,000
4th–6th Place – $2,000
Download the Watershed Protection Grants RFP by clicking the file attachment.
Submission deadline January 31, 2012.
Contest will run four weeks in February-March, with grants awarded in March 2012.
Note: Finalists must be a current member of the River Network Partnership (see http://www.rivernetwork.org/programs/partnership-program) i.e., it appears that your organization need not already be a River Network Partner to submit proposal, but you would need to have that status to be selected as a Finalist in the competition.
River Network Partners receive a full suite of benefits worth thousands of dollars, including the opportunity to apply for grants through programs such as this one with MillerCoors.
Visit our Partner page for more information and to renew/join online. www.rivernetwork.org/partner-benefits
Here’s an excerpt from the RFP:
The top vote‐getting proposal will receive $25,000. The 2nd place vote‐recipient will receive $15,000. 3rd place receives a $10,000 grant. These funds must be used for the proposed project; awardees will be required to report on their activities twice annually and final report due by end of 2012.
The 4th – 6th place vote recipients will each receive $2,000. These will be considered general support grants, and awardees will not be required to formally report on their activities.
CRITERIA
Projects will be expected to provide long‐term benefits to water quality, water flow and/or public education on water issues. Funds are available for projects currently underway.
Projects that address the following issue areas are encouraged to apply:
• Source water protection
• Riparian habitat restoration
• Water efficiency and conservation
• Evaluation of crop‐based agricultural impacts and effectiveness of best management practices
Projects must be completed or have significant measurable outcomes by December 2012.
Note: If most individuals who would be involved with implementation of the project or benefit from this investment are under the legal drinking age, then the project is not eligible and will not be reviewed.
Grant Application Open for Private Landowners
The Division of Fisheries and Wildlife (DFW) invites private landowners who want to actively manage their property to benefit wildlife to apply for a Landowner Incentive Program (LIP) grant. This Program is designed to reimburse private landowners up to 75% of the total project cost of managing lands to improve habitat for declining wildlife species across the Commonwealth. Individual private landowners, sportsmen’s clubs, land trusts, and other conservation organizations are encouraged to apply to the program. Federal, state, and municipal agencies are not eligible for this funding.
“Due to the extremely limited funding available, it is important for potential applicants to review the new, updated criteria for this funding cycle,” said Mike Sawyers, DFW LIP Coordinator.
Interested landowners can visit the LIP web page at www.mass.gov/dfwele/dfw/habitat/grants/lip/lip_home.htm for details and the Request for Response (RFR) posting. The grant application period opened January 9, 2012 and will close on March 5, 2012. All application materials must be submitted to the Division of Fisheries and Wildlife Field Headquarters by 4:00p.m. on March 5, 2012. Faxed or electronic applications will be not accepted.
Since the first funding cycle in 2005, the Landowner Incentive Program MDFW has funded 157 LIP projects and provided technical assistance to private landowners from Cape Cod to the Berkshires. Past projects have benefited a wide array of species-at-risk across the Commonwealth from enhancing beaches for shorebird breeding habitat to protection of grassland-bird breeding habitat to rare turtle habitat maintenance. Through this program DFW has contributed close to $3.5 million for the conservation of declining species on private land over the program’s six year history.
Charter Oak Farm Looking for Intern
Charter Oak Farm, a Huntington, MA milking goat farm is looking for a long term intern. Presently milking 9 Nubians and as kids drop there will be 30 milking goats (or more). A small initial stipend available (let’s talk) and housing on site (a room and bathroom in the house with kitchen use, etc.) Intern will be involved in establishing a veggie garden and is free to start making cheese.
Call Kevin Richardson at 413 207 3167
Reply to sender | Reply to group | Reply via web
Huntington Farm Intern Needed
Gray Dog’s Farm, a diversified hilltown farm in Huntington, MA is looking for an intern four full days a week (32 hrs). We are becoming a grass fed meat CSA, raising goats, sheep, pigs, beef, turkeys and chickens. We also have a large laying flock. We are establishing vegetable, herb and flower gardens and a small orchard for fruits and berries. Housing, farm products, basic staples and $300 a month.
Contact April Weeks, farm manager at 603 831 1400 or rowan_sprig@yahoo.com
Position Available
Massachusetts Agriculture in the Classroom is seeking a part-time Program Assistant to support several new school gardens initiatives that include the development of a directory of school gardens & resources; How to Guides for Getting Started in the School Garden; Lesson Plans for Grades 1-4; Professional Development Workshops, and direct school garden mentoring.