U.S. Supreme Court Decides Case Under the National Environmental Policy Act

The U.S. Supreme Court has reversed a decision of the Ninth Circuit Court of Appeals that previously upheld the imposition of a nationwide injunction against the marketing of genetically modified seeds in the absence of a full environmental impact statement. In Monsanto v. Geertson Seed, No. 09-475 (June 21, 2010), the Supreme Court confirmed the importance of using a traditional judicial balancing test when deciding requests for injunctive relief under the National Environmental Policy Act (NEPA). The decision comes in the most significant environmental law case considered by the Court this term.

SHB Partner Kevin Haroff appeared as counsel of record for the Washington Legal Foundation as amicus curiae in support of the petition for review in the case. To view the Supreme Court’s decision, please click here.

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