Jessica Irvine, journalist, in The Sydney Morning Herald 6 April 2011
Col Shephard, Yamba identity, in The Sydney Morning Herald 7 April 2011:
This blog is open to any who wish to comment on Australian society, the state of the environment or political shenanigans at Federal, State and Local Government level.
Jessica Irvine, journalist, in The Sydney Morning Herald 6 April 2011
Col Shephard, Yamba identity, in The Sydney Morning Herald 7 April 2011:
The matter of Organic Seed Growers & Trade Association, et al. v. Monsanto, filed in the United States District Court for the Southern District of New York (Manhattan) on 29 March 2011, should get interesting as a jury has been demanded to hear arguments in part predicated on the assertion that Monsanto & Co do not hold valid patents on genetically modified seed.
Opening remarks in the application:
1. Society stands on the precipice of forever being bound to transgenic agriculture and transgenic food.1 Coexistence between transgenic seed and organic seed is impossible because transgenic seed contaminates and eventually overcomes organic seed. History has already shown this, as soon after transgenic seed for canola was introduced, organic canola became virtually extinct as a result of transgenic seed contamination. Organic corn, soybean, cotton, sugar beet and alfalfa now face the same fate, as transgenic seed has been released for each of those crops, too. And transgenic seed is being developed for many other crops, thus putting the future of all food, and indeed all agriculture, at stake.
2. Plaintiffs in this matter represent farmers and seed businesses who do not want to use or sell transgenic seed. Plaintiffs are largely organic farmers and organic seed businesses, but also include nonorganic farmers who nonetheless wish to farm without transgenic seed. Plaintiffs are increasingly being threatened by transgenic seed contamination despite using their best efforts to avoid it. This causes Plaintiffs to fear that, if they do indeed become contaminated by transgenic seed, which may very well be inevitable given the proliferation of transgenic seed today, they could quite perversely also be accused of patent infringement by the company responsible for the transgenic seed that contaminates them. Thus, Plaintiffs bring this action to protect themselves from ever being accused of infringing patents on transgenic seed.
3. Monsanto is a chemical company that was previously responsible for introducing to the world Agent Orange, DDT, PCB's and other toxins. Monsanto is now the world's leading proponent of transgenic seed and holds many patents relating thereto that it has aggressively asserted against literally hundreds of farmers, including those farmers who became contaminated by Monsanto's transgenic seed through no fault of their own. Public awareness of Monsanto's patent assertion activities is high and it contributes mightily to Plaintiffs' fears that they, too, could most assuredly be accused of patent infringement in the near future if and when they become contaminated by Monsanto's transgenic seed.
4. Through this action, Plaintiffs ask the Court to declare that, should they ever be contaminated by Monsanto's transgenic seed, they need not fear being sued for patent infringement. As set forth below, there are several legal bases for this declaration, the principal one of which is that patents on transgenic seed fail to satisfy the requirement of both the Constitution and the Patent Act that only technology with a beneficial societal use may be patented. U. S. Const., Art. I, § 8, cl. 8 (“To promote the Progress of Science and useful Arts”) (emphasis added); 35 U.S.C. § 101 (“Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor”) (emphasis added). As Justice Story wrote in 1817, to be patentable, an invention must not be “injurious to the wellbeing, good policy, or sound morals of society,” and “a new invention to poison people ... is not a patentable invention.” Lowell v. Lewis,15 F. Cas. 1018 (C.C.D. Mass. 1817). Because transgenic seed, and in particular Monsanto's transgenic seed, is “injurious to the wellbeing, good policy, or sound morals of society” and threatens to “poison people,” Monsanto's transgenic seed patents are all invalid.
5. Monsanto's patents are additionally invalid for other failures to meet the requirements of patent law, including that each violates the prohibition against double patenting, each is anticipated or rendered obvious by prior art, and each fails to satisfy the requirements of written description, enablement and best mode. Monsanto's patents would also not be infringed by Plaintiffs because, amongst other things, Plaintiffs do not intend to use Monsanto's transgenic seed, any seed possessed by Plaintiffs that may be contaminated by Monsanto's transgenic seed is not covered by any valid and properly construed claim of any patent in suit, and Monsanto's patents rights in transgenic seed exhaust upon the authorized distribution by Monsanto to its customers. Monsanto's patents are also unenforceable because, among other things, Monsanto has committed misuse, Monsanto is equitably estopped from enforcing them, and Monsanto commits trespass when its transgenic seed contaminates another. Lastly, Monsanto would not be entitled to any remedy under law or equity even if its patents were held to be valid, infringed and enforceable against Plaintiffs, as no economic injury happens to Monsanto and the public interest would not support granting Monsanto an injunction when its patented seed contaminates another…..
The plaintiffs in the suit represented by the Public Patent Foundation (PUBPAT) are: Organic Seed Growers and Trade Association; Organic Crop Improvement Association International, Inc.; OCIA Research and Education Inc.; The Cornucopia Institute; Demeter Association, Inc.; Navdanya International; Maine Organic Farmers and Gardeners Association; Northeast Organic Farming Association/Massachusetts Chapter, Inc.; Northeast Organic Farming Association of Vermont; Rural Vermont; Ohio Ecological Food & Farm Association; Southeast Iowa Organic Association; Northern Plains Sustainable Agriculture Society; Mendocino Organic Network; Northeast Organic Dairy Producers Alliance; Canadian Organic Growers; Family Farmer Seed Cooperative; Sustainable Living Systems; Global Organic Alliance; Food Democracy Now!; Family Farm Defenders Inc.; Farm-to-Consumer Legal Defense Fund; FEDCO Seeds Inc.; Adaptive Seeds, LLC; Sow True Seed; Southern Exposure Seed Exchange; Mumm's Sprouting Seeds; Baker Creek Heirloom Seed Co., LLC; Comstock, Ferre & Co., LLC; Seedkeepers, LLC; Siskiyou Seeds; Countryside Organics; Cuatro Puertas; Interlake Forage Seeds Ltd.; Alba Ranch; Wild Plum Farm; Gratitude Gardens; Richard Everett Farm, LLC; Philadelphia Community Farm, Inc; Genesis Farm; Chispas Farms LLC; Kirschenmann Family Farms Inc.; Midheaven Farms; Koskan Farms; California Cloverleaf Farms; North Outback Farm; Taylor Farms, Inc.; Jardin del Alma; Ron Gargasz Organic Farms; Abundant Acres; T & D Willey Farms; Quinella Ranch; Nature's Way Farm Ltd.; Levke and Peter Eggers Farm; Frey Vineyards, Ltd.; Bryce Stephens; Chuck Noble; LaRhea Pepper; Paul Romero; and, Donald Wright Patterson, Jr.
On the day of filing Monsanto hit out in its official online blog, Beyond the Rows. Describing PUBPAT’s application as containing many allegations which are false, misleading and deceptive and stating that the plaintiffs’ approach is a publicity stunt designed to confuse the facts about American agriculture.
Ceud mìle fàilte
The small NSW North Coast town of Maclean in the Clarence Valley is celebrating its 107th Highland Gathering this Easter Weekend 22-23 April 2001.
The townsfolk are proud of their Scots heritage and the Lower Clarence Scottish Association puts on a grand show every year at this time, with Pipe Bands, Solo Piping and Drumming, Highland Dancing and the popular Highland Sports (including caber tossing, log wrestling and tossing the hammer) taking place at the Maclean Showground on the banks of the Clarence River.
FMG's Great Native Title Swindle from Yindjibarndi Aboriginal Corp. on Vimeo.
Legend:
Caught red handed – this is a record of a supposed 'native title' meeting staged by the iron ore miner, Fortescue Metals Group (FMG). It shows how FMG, its agents, a lawyer and an opportunist splinter faction tried to destroy the unity of the Yindjibarndi people and give open slather to FMG for its Solomon Hub project. The video demonstrates the unscrupulous actions of a miner trying to bully traditional owners into a land use 'Agreement' that will see massive disturbance of country and will swindle several generations of Yindjibarndi people. The fight continues. See yindjibarndi.org.au/
An interesting timeline involving two mining multinationals, Rio Tinto and Anglo American, which are currently attempting to pressure the Australian Federal Government into watering down its proposed carbon price mechanism.............
Rio Tinto on joint venture plan to mine in a national park in Alaska, 2007 to 2010:
Rio Tinto has a 19.6 per cent equity holding in Northern Dynasty Minerals which owns a 50 per cent share in the Pebble Joint Venture (Rio Tinto share in Pebble: 9.8 percent). Northern Dynasty Minerals is advancing the Pebble copper-gold-molybdenum deposit in south western Alaska, which includes an ore body amenable to block caving.
The Pebble project is located about 200 miles south west of Anchorage in the Bristol Bay region of Alaska on land designated for mineral exploration and development.
World’s largest undeveloped copper resource….World’s largest gold resource in a porphyry deposit
New York Times reporting on Republican Sarah Palin, 21 October 2008:
Ms. Palin has remained officially neutral, saying that the state will evaluate the project when it receives a formal permit application. But she has embraced resource extraction in ways that are likely to help Pebble. On the presidential campaign trail in coal country this month, she led supporters in chants of “Mine, baby, mine!”
Anglo American’s Pebble Mine Investor Advisory October 2009:
According to mining engineer Jim Kuipers, the Pebble Project, if fully developed, “is likely to involve one of the largest infrastructure undertakings in the history of mining.” Based on current ore projections, the Pebble Project will be the largest copper and gold mine in North America, with an estimated footprint covering 30 square miles of the Bristol Bay watershed…… The Pebble project is opposed by a politically powerful coalition of diverse interests who have the support of a large segment of the Alaskan electorate. The majority of Bristol Bay area residents view large-scale mineral development as an unacceptable risk to the fishery and subsistence. A 2009 survey found that 71% of Bristol Bay residents oppose the Pebble Mine. The Alaska Inter-Tribal Council, a consortium of 231 federally-recognized tribes in Alaska, and many tribal governments of the region, have passed resolutions against the project.
Nunamta Aulukestai et al v. State of Alaska Department of Natural Resources, Excerpts from Plaintiffs Declarations and Plaintiffs Proposed Findings of Fact and Conclusions of Law (139 pages) 2009 -2010
Anchorage Daily News 13 July 2010:
A state judge has declined to dismiss a court case alleging that state regulators violated the Alaska Constitution when they issued exploration and land-use permits to companies drilling at the Pebble copper and gold prospect in Southwest Alaska…....Superior Court Judge Eric Aarseth on Friday dismissed one of the claims in the lawsuit but allowed the others to proceed to trial. He also ruled that the trial will address only the permits at Pebble rather than the validity of the state's permitting system for mineral exploration, in general.
U.S. Environmental Protection Agency, media release 7 February 2011:
In 2010, nine federally-recognized Bristol Bay tribes petitioned EPA to use its authority under the Clean Water Act to protect Bristol Bay. Their concerns focused on the potential Pebble Mine project. Two other tribes asked EPA to wait for mining projects to submit permit applications before taking action. ……Bristol Bay is an important source of wild Pacific salmon for commercial, recreational, and subsistence users. It produces hundreds of millions of dollars in annual fisheries revenues. The area may be the last major watershed in North America that produces historic numbers of wild salmon. Most of the Bristol Bay watershed is wildlife refuge or park where large development is restricted. EPA’s efforts will focus on those areas that are not protected.
Veteran U.S. actor Robert Redford as a Trustee of the Natural Resources Defense Council, email March 2011:
You should care about Rio Tinto. This British and Australian-based mining giant has a shocking and well-documented record of toxic contamination that spans the globe: from Indonesia to Bolivia to Utah. Now, as one of the major backers of the proposed Pebble Mine, it is threatening to destroy one of our greatest natural treasures: the Bristol Bay wilderness of Alaska. Rio Tinto wants us to believe it has changed its polluting ways. Its chief executive claims they want to have a “net positive effect” on the environment. Talk is cheap. Help us put their words to the test........ We shouldn’t trust any company -- much less a company with Rio Tinto’s dismal record -- to take a catastrophic risk with one of our last and greatest wild places.
Had to laugh at this response from Mr. Demore of The Failed Estate to the Channel 10 announcement that Andrew Bolt will get his own Sunday morning show. I'm predictng that Ten is shaping up for a monumental ratings disaster after the first few weeks.
Hi! My name is Boy. I'm a male bi-coloured tabby cat. Ever since I discovered that Malcolm Turnbull's dogs were allowed to blog, I have been pestering Clarencegirl to allow me a small space on North Coast Voices.
A false flag musing: I have noticed one particular voice on Facebook which is Pollyanna-positive on the subject of the Port of Yamba becoming a designated cruise ship destination. What this gentleman doesn’t disclose is that, as a principal of Middle Star Pty Ltd, he could be thought to have a potential pecuniary interest due to the fact that this corporation (which has had an office in Grafton since 2012) provides consultancy services and tourism business development services.
A religion & local government musing: On 11 October 2017 Clarence Valley Council has the Church of Jesus Christ Development Fund Inc in Sutherland Local Court No. 6 for a small claims hearing. It would appear that there may be a little issue in rendering unto Caesar. On 19 September 2017 an ordained minister of a religion (which was named by the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to 40 instances of historical child sexual abuse on the NSW North Coast) read the Opening Prayer at Council’s ordinary monthly meeting. Earlier in the year an ordained minister (from a church network alleged to have supported an overseas orphanage closed because of child abuse claims in 2013) read the Opening Prayer and an ordained minister (belonging to yet another church network accused of ignoring child sexual abuse in the US and racism in South Africa) read the Opening Prayer at yet another ordinary monthly meeting. Nice one councillors - you are covering yourselves with glory!
An investigative musing: Newcastle Herald, 12 August 2017: The state’s corruption watchdog has been asked to investigate the finances of the Awabakal Aboriginal Local Land Council, less than 12 months after the troubled organisation was placed into administration by the state government. The Newcastle Herald understands accounting firm PKF Lawler made the decision to refer the land council to the Independent Commission Against Corruption after discovering a number of irregularities during an audit of its financial statements. The results of the audit were recently presented to a meeting of Awabakal members. Administrator Terry Lawler did not respond when contacted by the Herald and a PKF Lawler spokesperson said it was unable to comment on the matter. Given the intricate web of company relationships that existed with at least one former board member it is not outside the realms of possibility that, if ICAC accepts this referral, then United Land Councils Limited (registered New Zealand) and United First Peoples Syndications Pty Ltd(registered Australia) might be interviewed. North Coast Voices readers will remember that on 15 August 2015 representatives of these two companied gave evidence before NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND. This evidence included advocating for a Yamba mega port.
A Nationals musing: Word around the traps is that NSW Nats MP for Clarence Chris Gulaptis has been talking up the notion of cruise ships visiting the Clarence River estuary. Fair dinkum! That man can be guaranteed to run with any bad idea put to him. I'm sure one or more cruise ships moored in the main navigation channel on a regular basis for one, two or three days is something other regular river users will really welcome. *pause for appreciation of irony* The draft of the smallest of the smaller cruise vessels is 3 metres and it would only stay safely afloat in that channel. Even the Yamba-Iluka ferry has been known to get momentarily stuck in silt/sand from time to time in Yamba Bay and even a very small cruise ship wouldn't be able to safely enter and exit Iluka Bay. You can bet your bottom dollar operators of cruise lines would soon be calling for dredging at the approach to the river mouth - and you know how well that goes down with the local residents.
A local councils musing: Which Northern Rivers council is on a low-key NSW Office of Local Government watch list courtesy of feet dragging by a past general manager?
A serial pest musing: I'm sure the Clarence Valley was thrilled to find that a well-known fantasist is active once again in the wee small hours of the morning treading a well-worn path of accusations involving police, local business owners and others.
An investigative musing: Which NSW North Coast council is batting to have the longest running code of conduct complaint investigation on record?
A fun fact musing: An estimated 24,000 whales migrated along the NSW coastline in 2016 according to the NSW National Parks and Wildlife Service and the migration period is getting longer.
A which bank? musing: Despite a net profit last year of $9,227 million the Commonwealth Bank still insists on paying below Centrelink deeming rates interest on money held in Pensioner Security Accounts. One local wag says he’s waiting for the first bill from the bank charging him for the privilege of keeping his pension dollars at that bank.
A Daily Examiner musing: Just when you thought this newspaper could sink no lower under News Corp management, it continues to give column space to Andrew Bolt.
A thought to ponder musing: In case of bushfire or flood - do you have an emergency evacuation plan for the family pet?
An adoption musing: Every week on the NSW North Coast a number of cats and dogs find themselves without a home. If you want to do your bit and give one bundle of joy a new family, contact Happy Paws on 0419 404 766 or your local council pound.