No. 09-475.

130 S.Ct. 2743 (2010)

561 U.S. 139


Supreme Court of United States.

Decided June 21, 2010.

Attorney(s) appearing for the Case

Gregory G. Garre, Washington, DC, for petitioners.

Malcolm L. Stewart, for federal respondents, supporting the petitioners.

Lawrence S. Robbins, for respondents.

B. Andrew Brown, Dorsey & Whitney LLP, Minneapolis, MN, for Forage Genetics International, LLC, Daniel Mederos and Mark Watte, Gregory G. Garre, Counsel of Record, Maureen E. Mahoney, Richard P. Bress, Philip J. Perry, J. Scott Ballenger, Drew C. Ensign, Latham & Watkins LLP, Washington, DC, for Monsanto Co., Charles B. Von Feldt, Forage Genetics International, LLC, Shoreview, MN, for Forage Genetics International, LLC.

Elena Kagan, Solicitor General, Counsel of Record, Department of Justice, Washington, DC, for Federal Respondents Supporting Petitioners.

George A. Kimbrell, Kevin S. Golden, Center for Food Safety, San Francisco, CA, Richard J. Lazarus, Georgetown University Law Center, Washington, DC, Lawrence S. Robbins, Counsel of Record, Donald J. Russell, Alan E. Untereiner, Eva A. Temkin, Lisa K. Helvin, Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, DC, Counsel for Respondents Geertson Seed Farms, et al.

Elena Kagan, Solicitor General, Counsel of Record, Ignacia S. Moreno, Assistant Attorney General, Anna T. Katselas, Attorney, Department of Justice, Washington, DC, for Federal Respondents in Opposition.

Justice ALITO delivered the opinion of the Court.

This case arises out of a decision by the Animal and Plant Health Inspection Service (APHIS) to deregulate a variety of genetically engineered alfalfa. The District Court held that APHIS violated the National Environmental Policy Act of 1969 (NEPA), 83 Stat. 852, 42 U.S.C. § 4321 et seq., by issuing its deregulation decision without first completing a detailed assessment of the environmental consequences...

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