San Francisco, CA — Link to ruling
Today, the U.S. District Court for the Northern District of California ruled the Food and Drug Administration (FDA) violated core environmental laws in approving the genetically engineered (GE) salmon. The Court ruled that FDA ignored the serious environmental consequences of approving genetically engineered salmon and the full extent of plans to grow and commercialize the salmon in the U.S. and around the world, violating the National Environmental Policy Act.
The Court also ruled that FDA’s unilateral decision that genetically engineered salmon could have no possible effect on highly-endangered, wild Atlantic salmon was wrong, in violation of the Endangered Species Act. The Court ordered FDA to go back to the drawing board and FDA must now thoroughly analyze the environmental consequences of an escape of genetically engineered salmon into the wild.
In 2016, Center for Food Safety (CFS) and Earthjustice — representing a broad client coalition of environmental, consumer, commercial and recreational fishing organizations, and the Quinault Indian Nation — sued the FDA for approving the first-ever commercial genetically engineered animal, an Atlantic salmon engineered to grow twice as fast as its wild counterpart. The genetically engineered salmon was produced by AquaBounty Technologies, Inc. with DNA from Atlantic salmon, Pacific king salmon, and Arctic ocean eelpout. This marks the first time any government in the world has approved a commercially genetically engineered animal as food.
“This decision underscores what scientists have been telling FDA for years — that creating genetically engineered salmon poses an unacceptable risk if the fish escape and interact with our wild salmon and that FDA must understand that risk to prevent harm,” said Earthjustice managing attorney Steve Mashuda. “Our efforts should be focused on saving the wild salmon populations we already have — not manufacturing new species that pose yet another threat to their survival.”
The Court ruled that FDA failed to consider and study the environmental risks of this novel GE fish. When GE salmon escape or are accidentally released into the environment, the new species could threaten wild populations by mating with endangered salmon species, outcompeting them for scarce resources and habitat, and/or introducing new diseases. The world’s preeminent experts on GE fish and risk assessment, as well as biologists at U.S. wildlife agencies charged with protecting fish and wildlife, heavily criticized FDA’s approval for failing to evaluate the impacts of GE salmon on native salmon populations. Yet FDA ignored their concerns in the final approval.