Vermont and the Environmental and Natural Resources Law Clinic (ENRLC) at Vermont Law School this week saw victory for the state law requiring labeling of genetically engineered foods when a U.S. District Court judge denied the Grocery Manufacturers Association's motion for an injunction to block the law.
U.S. District Court Judge Christina Reiss denied the GMA's motion on Monday and dismissed several of the GMA's claims. Among other things, the court ruled that, "In light of Act 120's 'Findings' and 'Purpose,' and their grounding in an extensive legislative record," the law is supported by more than a desire to "gratify consumer curiosity." The court held that "Act 120's GE disclosure requirement is constitutional."
"Judge Reiss' ruling affirms that Vermont's law to require labeling of GE foods is on firm legal ground," said Assistant Professor Laura Murphy, associate director of the ENRLC. "The clinic is proud to be playing a role in this important issue and proud of the work that so many of our student clinicians have done. We believe in this law. Vermont had really good reasons for passing it, and putting factual information on labels is a great way to convey information to consumers."
Since 2012 ENRLC student clinicians and attorneys have represented the Vermont Public Interest Research Group (VPIRG) in its pursuit of a labeling law for genetically engineered foods and have worked closely with partners Rural Vermont, Northeast Organic Farming Association-Vermont and Cedar Circle Farm. In the lawsuit, the ENRLC represents VPIRG and the Center for Food Safety (CFS), along with co-counsel from CFS as amici curiae.
The ENRLC researched the constitutionality of state food-labeling legislation, met with state officials, compiled and shared materials, and testified several times before the Vermont legislature. The labeling bill, H.112, passed the House of Representatives on May 10, 2013, with a vote of 99-42. On April 16, 2014, the Senate passed H.112 with a vote of 28-2, and the House concurred on April 23 with a vote of 114-30. The bill became law May 8 when Gov. Peter Shumlin signed Act 120. The law is slated to go into effect July 2016.
In addition to its fight for a GE food labeling bill in Vermont, the ENRLC works on several high-profile environmental cases, including a case against a new railroad and coal mine proposed for Montana's Powder River Basin. For more information about the ENRLC, including its work with VPIRG, visit www.vermontlaw.edu/ENRLC, email lmurphy@vermontlaw.edu or call 802-831-1123.