Vermont Business Magazine Vermont Attorney General William H Sorrell and a number of supporting states and interested parties have asked the Second Circuit Court of Appeals in New York City to affirm a decision by the US District Court for the District of Vermont upholding Act 120, Vermont’s law requiring the labeling of foods produced with genetic engineering (GE or GMO). In a brief filed last week, the state contends that the Grocery Manufacturers Association is not entitled to an order enjoining enforcement of the law, which does not go into effect for nearly a year. The State’s filing argues that the lower court was correct in ruling that Plaintiffs were not likely to prevail on the merits of their challenge to the GE disclosure requirement and that they had not proven that they would experience immediate irreparable harm.
“We believe the federal appeals court should uphold the trial court’s decision that our GE labeling requirement is constitutional,” said Attorney General Sorrell. “I much appreciate the broad support we have received at the Second Circuit from other states, businesses and organizations in favor of our efforts, which reflects the national importance of successfully defending our labeling law.”
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Along with the State of Vermont’s brief, on Monday six “friend of the court” amicus briefs were filed in support of Vermont’s labeling law. Eight states submitted a brief supporting Vermont – Connecticut authored the filing and was joined by Maine, Maryland, Massachusetts, Hawaii, Illinois, New Hampshire, and Washington. In addition, there was an outpouring of amicus support from individuals, businesses, and organizations supporting Act 120:
Public Interest Organizations: Center for Food Safety, Vermont Public Interest Research Group, Rural Vermont, Consumers Union, Sierra Club, Public Citizen, Public Good Law Center, Free Speech for People, Consumer Action, Earthjustice, and the Vermont Law School Environmental & Natural Resources Law Clinic;
Industry Groups and Businesses: National Family Farm Coalition, Our Family Farms Coalition, Vermont Businesses for Social Responsibility, Ben & Jerry’s, Cedar Circle Farm, and Northeast Organic Farming Association of Vermont;
Individual Scientists: Dr. Ramon Seidler, Dr. Jack Heinmann, Dr. David Schubert, Dr. Allison K. Wilson, and Dr. Jonathan Latham.
According to the appellate court’s expedited briefing schedule, Plaintiffs’ deadline for filing their reply brief is September 8, 2015. While no date has yet been set for oral argument, the Second Circuit has indicated that argument will be scheduled expeditiously. After the Court hears argument from the parties, it will take a number of weeks or months before a decision is issued. In the meantime, the District Court retains its authority over the matter, and the parties are continuing the processes of discovery and trial preparation, moving forward towards a spring 2016 trial date.
Published: Sep 2, 2015