Monsanto has filed a petition asking the U.S. Supreme Court to review a federal appeals court's decision to block the cultivation of the company's Roundup Ready alfalfa until the USDA completes its environmental assessment.
"We have asked the US Supreme Court to review the case because we believe the lower courts were wrong to impose a ban on planting Roundup Ready alfalfa while the US Department of Agriculture conducts additional environmental reviews," said Garrett Kasper, Monsanto public affairs manager.
Mr Kasper added the law is clear that courts should only take this drastic action when it is likely that irreparable harm will result.
"Yet, there is no evidence of any harm resulting from Roundup Ready alfalfa, and the trial court failed to consider relevant scientific evidence in reaching its decision to ban planting," he said.
"Roundup Ready alfalfa meets the needs of farmers for dependable, cost-effective control of weeds in alfalfa and reduces herbicide applications with a system that has a 30-year history of safe use."
The appellate court upheld the lower court’s injunction even after a 2008 Supreme Court decision that reinforced the importance of considering relevant scientific evidence, Monsanto said.
"We look forward to successful completion of the additional environmental review ordered by the court, but we hope the Supreme Court will agree that it was wrong to make farmers wait for years to get the benefit of a safe and effective product," he said.
In June, a US appeals court upheld an injunction blocking the sale of Monsanto's Roundup Ready alfalfa seed until the US Department of Agriculture finalises research on the environmental impact of the biotech seed on nearby crops.
The Ninth Circuit Court of Appeals denied the company's request for a rehearing of its appeal and said it would accept no more petitions for rehearing in the case, which began three years ago.
The permanent injunction prevents further planting until USDA completes an environmental impact statement, which is anticipated by this northern autumn.