Posted with permission.

Ira Sanders
[email protected]<mailto:[email protected]>







                For Immediate Release:  Tuesday, March 24, 2009
                Contact:   Kenneth Kristl [Widener Environmental and Natural 
Resources Law Clinic] (302) 477-2053; Nicholas DiPasquale [Delaware Audubon] 
(302) 423-4140; Kevin Golden [Center for Food Safety] (415) 826-2770 ext. 303; 
Luke Eshleman [PEER] (202) 265-7337; 

                LAWSUIT ENDS GENETICALLY ENGINEERED CROPS ON WILDLIFE REFUGE  
                Ruling on Delaware's Prime Hook May Affect Farming on Scores of 
Other Refuges 

                 Washington, DC - A federal court has ordered the U.S. Fish & 
Wildlife Service to stop planting genetically engineered (GE) crops on its 
Prime Hook National Wildlife Refuge in Delaware.  While the ruling is limited 
to Prime Hook, the lawsuit may serve as a model for similar litigation at more 
than 80 other national wildlife refuges now growing GE crops across the 
country. 

                Filed in April 2006 by the Widener Environmental and Natural 
Resources Law Clinic on behalf of Delaware Audubon Society, Public Employees 
for Environmental Responsibility (PEER) and the Center for Food Safety, the 
federal suit charged that the Fish & Wildlife Service had illegally entered 
into Cooperative Farming Agreements with private parties, allowing hundreds of 
acres to be plowed over without required environmental review and contrary to 
the Service's own policy prohibiting GE crops.  

                "It is unfortunate that we had to file suit against the Service 
to get it to comply with its own policies," commented Nicholas DiPasquale, 
Conservation Chair for Delaware Audubon.  "It is clear that this Refuge Manager 
had abdicated control over farming operations at Prime Hook just as it is also 
clear that farming practices have been extremely destructive to the forested 
uplands at the refuge."

                The groups filed suit after discovering that a top Bush 
administration political appointee overruled the wildlife refuge manager in 
allowing the gene altered crops.  Three months after the groups filed suit in 
the U.S. District Court for Delaware, the Fish & Wildlife Service loosened its 
policies to facilitate greater use of GM crops on all refuges. 

                "These farming programs chew up the habitat that is supposed to 
provide refuge for wildlife," stated Grady Hocutt, a former long-time refuge 
manager who directs the PEER refuge program.  "Genetically modified crops serve 
no legitimate refuge purpose and have no business being grown there."

                Farming within wildlife refuges often interferes with the 
protection of the wildlife and the native grasses that the national refuge 
system is designed to protect.  Scientists also warn the use of genetically 
engineered crops can lead to increased pesticide use on refuges and can have 
additional negative effects on birds, aquatic animals, and other wildlife.  In 
this case, Federal District Court Chief Judge Gregory Sleet concluded that "it 
is undisputed that farming with genetically modified crops at Prime Hook poses 
significant environmental risks."

                "The U.S. Fish and Wildlife should not be planting genetically 
engineered crops on National Wildlife Refuges," said Kevin Golden, Staff 
Attorney for the Center for Food Safety.  "Prime Hook is the tip of the iceberg 
of a nation-wide problem which needs to be addressed at refuges around the 
country."

                The court ruling blocks future agricultural operations on Prime 
Hook until compatibility determinations required by the National Wildlife 
Refuge System Administration Act and environmental assessments required by the 
National Environmental Policy Act have been completed.  

                ###

                Read the court 
ruling<http://salsa.democracyinaction.org/dia/track.jsp?key=949337594&url_num=2&url=http%3A%2F%2Fwww.peer.org%2Fdocs%2Fde%2F09_24_03_prime_hook_opinion.pdf+>

                See the complaint and facts giving rise to the 
suit<http://salsa.democracyinaction.org/dia/track.jsp?key=949337594&url_num=3&url=http%3A%2F%2Fwww.peer.org%2Fnews%2Fnews_id.php%3Frow_id%3D669>

                Look at the Fish & Wildlife Service rule change to facilitate 
GE crops on 
refuges<http://salsa.democracyinaction.org/dia/track.jsp?key=949337594&url_num=4&url=http%3A%2F%2Fwww.peer.org%2Fdocs%2Fde%2F09_24_03_amendment_1_601_fw3_refuge_management.pdf+>










             

     

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