Craig M. Pease (Vermont Law School) has posted A Tale of Two GM Organism Cases (Environmental Forum, Forthcoming) on SSRN. Here is the abstract:
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The scientific and economic disputes at the heart of Geertson Seed Farms v. Johanns and (In Re Genetically Modified Rice Litigation are strikingly similar. Moreover, these two cases suggest a swing from environmental statutes back to tort law. Initially, Geertson was just another National Environmental Policy Act case. Things got more interesting when the court took up the matter of a permanent injunction. At this point, the parties filed a barrage of expert affidavits and motions challenging the qualifications and conclusions of opposing experts, pleadings looking not unlike the disputes over scientific evidence that arise during the initial stages of tort actions.
