Genetically Modified Organisms and the Environment

AuthorJason J. Czarnezki and Emily Montgomery
Pages93-112
Page 93
Chapter 6
Genetically Modified Organisms
and the Environment
Jason J. C zarnezki and Emily Montgomer y
As recently a s a few decades ago, American farmers and consumers would not have predicted that
the nation’s elds would soon be dotted—and then covered—with crops that have been geneti-
cally modied. Even fu rther from their imagination would be the idea that sh or livestock could
be created in a lab and then nd its way to the dinner plate. en, a s now, farmers and consumers would
be unable to predict with certainty what eect these new technologies might have or whether any eects
would be permanent. e age of biotechnology has arrived, drastically changing the landscape of American
agriculture. American supermarkets have cha nged too—most Americans regularly consume genetically
modied (GM) food products.1 Indeed, it is estimated that at least 70% of food on grocery store shelves
contains GM products.2
Since their introduction in the mid-1990s, there has been an unprecedented rapid rate of adoption of
GM organisms by U.S. and global producers.3 For major crops, the vast majority of acreage is planted with
GM seeds rather than non-GM seeds, and GM crops have been planted on more than 88 million acres of
U.S. farmland.4is astonishing adoption of GM technology has occurred despite uncertaint y about the
potential social, economic, and environmental impacts of GM organisms. In short, GM products have
become rmly established in America n agriculture, but many of their implications for the environment,
public health, and the economy remain unknown.
is chapter explores the ecological and human health impacts of genetic engineering in the United
States, with a focus on GM organisms designed for use in or as food products. It provides readers with
introductory information about GM products, the possible benets and environmental costs linked to their
creation and use, and, briey, how GM products are regulated in the United States (a topic also discussed
in Chapter 16). e rst part of the chapter focuses on GM plants; the second part on GM anima ls. Both
parts follow identical structures: considering the benets and costs associated with GM plant or animal
use, with an emphasis on environmental implications of bioengineering; providing a brief outline of the
applicable regulatory regime; and concluding with case studies that discuss a GM product that has been
recently approved or is under consideration for approval. e chapter concludes with recommendations for
future research eort s and regulatory improvements that would help to address risks of GM foods.
A. Genetically Modif‌ied Plants
GM plants are now a common feature of U.S. agriculture. Despite uncertainty regarding impacts, GM
crops and other plants have been widely adopted. Herbicide-resistant corn and soybeans have been most
1. Gregory N. Mandel, Gaps, Inexperience, Inconsistencies, and Overlaps: Crisis in the Regulation of Genetically Modied Plants and Animals, 45
W.  M L. R. 2167, 2176-77 (2004).
2. Id. at 2177.
3. A.M. Shelton et al., Economic, Ecological, Food Safety, and Social Consequences of the Deployment of Bt Transgenic Plants, 47 A. R. E.
845, 847 (2002).
4. Mary Jane Angelo, Regulating Evolution for Sale: An Evolutionary Biology Model for Regulating Unnatural Selection of Genetically Modied Or-
ganisms, 42 W F L. R. 93, 95 (2007). For more data on the widespread adoption of GM crops, see U.S. Dep’t. Agric., Economic
Research Service, Adoption of Genetically Engineered Crops in the U.S., http://www.ers.usda.gov/Data/BiotechCrops/.
Page 94 Food, Agriculture, and Environmental Law
commonly adopted and now make up a la rge percentage of overall acreage for their respect ive crops; for
instance, herbicide tolerant soybeans constituted 93% of total acreage of soybeans planted in the United
States in 2012 (see Figure 6.1).
Figure 6.1
Adoption of Genetically Engineered Crops in the United States5
Note: “HT” signies that a crop contains GM traits for herbicide tolerance. “Bt”
signies that a crop contains GM traits for insect resistance.
e widespread use of G M pla nts ha s been a n astonishingly rapid de velopment t hat has left m any
unsure about the safety of thei r adopt ion. Proponents of GM plants point to several possible benets
associated with t heir use, while others have signicant concerns about potential environmental and
social i mpacts.
1. What Is a GM Plant?
A GM plant is one that has been genetically engineered to develop desirable t raits sourced from other
organisms.6 A lthough some form of genetic modication has been prevalent in agriculture for thousands
of years through selective breeding, genetic engineering occurs at the cellular or molecular level rather than
at the organism level.7 ere are varying denitions of what exactly a GM plant or organism is—and the
denition can matter in the regulatory context—but it is generally agreed that a GM pla nt is one that has
been modied by the application of recombinant DNA technology (rDNA).8 Essentially, rDNA technol-
ogy involves taking genetic material responsible for a desired trait from one organism and inserting it into
5. U.S. Dep’t. Agric., Economic Research Service, Recent Trends in GE Adoption, July 5, 2012, http://www.ers.usda.gov/data-products/adoption-
of-genetically-engineered-crops-in-the-us/recent-trends-in-ge-adoption.aspx (1997-2012 data).
6. Miguel A. Altieri, e Ecological Impacts of Transgenic Crops on Ecosystem Health, 6 E. H 13 (2000) (“Genetic engineering is an ap-
plication of biotechnology involving the manipulation of dna and the transfer of gene components between species in order to achieve stable
intergenerational expression of new traits.”).
7. N R C, B C  G E A 14 (2004).
8. Id. at 15.

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