Jeffrey White

Last updated
Jeffrey Steven White
Jeffrey S. White, U.S. District Court Judge.jpg
Senior Judge of the United States District Court for the Northern District of California
Assumed office
February 1, 2021

In 2009, White ruled that the federal government agency USDA-APHIS had violated Federal Law in deregulating glyphosate-resistant sugar beet without adequately evaluating the environmental and socio-economic impacts of allowing commercial production. On August 13, 2010, White revoked the deregulation of glyphosate-resistant sugar beet in the Spring of 2011. As a result of this ruling, growers were permitted to harvest and process their crop at the end of the 2010 growing season, yet a ban on new plantings was enacted. After the ruling, glyphosate-resistant sugar beet could not be planted until the USDA-APHIS filed an Environmental Impact Statement (EIR). the purpose of the EIR is to determine if environmental issues have negative impacts on the environment, and it may take two to three years to complete the study. After the EIR statement is completed, USDA-APHIS may petition to deregulate glyphosate-resistant sugar beet.

Immediately after White's ruling, USDA-APHIS prepared an Environmental Assessment seeking partial deregulation of glyphosate-resistant sugar beet. The Assessment was filed based on a request received from Monsanto and KWS SAAT AG, a German seed company. Both companies, as well as the sugar beet industry employees and growers, believed a sugar shortage would occur if glyphosate-resistant sugar beet could not be planted. As a response to this concern, USDA-APHIS developed three options in the Environmental Assessment to address the concerns of environmentalists, as well as those raised by the industry. The first option was to not plant glyphosate-resistant sugar beet until the Environmental Impact Statement was completed. The second option was to allow growers to plant glyphosate-resistant sugar beet if they obtained a USDA-APHIS permit and followed specific mandates. Under the third and final option, glyphosate-resistant sugar beet would be partially deregulated but monitored by Monsanto and KWS SSAT AG. USDA-APHIS preferred the second option. They placed the Environmental Assessment in the Federal Register on November 4, 2010, and received a public comment for thirty days.

On February 4, 2011, the USDA-APHIS announced glyphosate-resistant sugar beet had been partially deregulated and growers would be allowed to plant seed from spring 2011 until an Environmental Impact Statement is completed. USDA-APHIS developed requirements that growers must follow if handling glyphosate-resistant sugar beet and will monitor growers throughout the partial deregulation period. The requirements are classified into categories which include planting glyphosate-resistant sugar beet for seed production, planting for sugar production, and transporting sugar beet across state lines. Failure to follow the requirements set by USDA-APHIS may result in civil or criminal charges and destruction of the crop. In July 2012, after completing an Environmental Impact Assessment and a Plant Pest Risk Assessment the USDA deregulated Monsanto's Roundup Ready sugar beets. [2]

Wikileaks ruling

In February 2008, White shut down the ISP for the American mirror of the Website WikiLeaks. The basis for this action was a claim by the Swiss banking group Julius Baer. On February 18, 2008, White approved an agreement between Dynadot and Baer (an injunction based on stipulation); [3] [4] this action garnered news coverage around the world. [5] [6]

White’s order was widely criticized as both improper (prior restraint is generally prohibited by the First Amendment) and ineffective (Wikileaks' web servers are in Sweden, and numerous mirrors exist). [7]

White vacated his injunction on February 29, 2008, citing First Amendment concerns and questions about legal jurisdiction. [8] Wikileaks was thus able to bring its site online again. The bank dropped the case on March 5, 2008. [9] The judge also denied the bank's request for an order prohibiting the website's publication. [10]

The Executive Director of the Reporters Committee for Freedom of the Press, Lucy Dalglish, commented:

"It's not very often a federal judge does a 180-degree turn in a case and dissolves an order. But we're very pleased the judge recognized the constitutional implications in this prior restraint." [10]

Defense of Marriage Act

In 2012, White ruled in favour of a staff attorney in the United States Court of Appeals for the Ninth Circuit who sued to get health benefits for her spouse under California law. In his ruling he struck down the Defense of Marriage Act for failing even the most deferential rational basis test. [11]

Israel–Hamas war

In 2024, White "implored the Biden administration to 'examine the results of their unflagging support' of Israel" in the Israel-Hamas war. [12] He also found that "[t]here is strong evidence that Israel’s 'military siege in Gaza is intended to eradicate a whole people and therefore plausibly falls within the international prohibition against genocide." [13]

Related Research Articles

<span class="mw-page-title-main">Sugar beet</span> Plant grown commercially for sugar production

A sugar beet is a plant whose root contains a high concentration of sucrose and which is grown commercially for sugar production. In plant breeding, it is known as the Altissima cultivar group of the common beet. Together with other beet cultivars, such as beetroot and chard, it belongs to the subspecies Beta vulgaris subsp. vulgaris but classified as var. saccharifera . Its closest wild relative is the sea beet.

<span class="mw-page-title-main">Alfalfa</span> Perennial flowering plant

Alfalfa, also called lucerne, is a perennial flowering plant in the legume family Fabaceae. It is cultivated as an important forage crop in many countries around the world. It is used for grazing, hay, and silage, as well as a green manure and cover crop. The name alfalfa is used in North America. The name lucerne is more commonly used in the United Kingdom, South Africa, Australia, and New Zealand. The plant superficially resembles clover, especially while young, when trifoliate leaves comprising round leaflets predominate. Later in maturity, leaflets are elongated. It has clusters of small purple flowers followed by fruits spiralled in two to three turns containing 10–20 seeds. Alfalfa is native to warmer temperate climates. It has been cultivated as livestock fodder since at least the era of the ancient Greeks and Romans.

The Monsanto Company was an American agrochemical and agricultural biotechnology corporation founded in 1901 and headquartered in Creve Coeur, Missouri. Monsanto's best-known product is Roundup, a glyphosate-based herbicide, developed in the 1970s. Later, the company became a major producer of genetically engineered crops. In 2018, the company ranked 199th on the Fortune 500 of the largest United States corporations by revenue.

Roundup is a brand name of herbicide originally produced by Monsanto, which Bayer acquired in 2018. Prior to the late-2010s formulations, it used broad-spectrum glyphosate-based herbicides. As of 2009, sales of Roundup herbicides still represented about 10 percent of Monsanto's revenue despite competition from Chinese producers of other glyphosate-based herbicides. The overall Roundup line of products represented about half of Monsanto's yearly revenue in 2009. The product is marketed to consumers by Scotts Miracle-Gro Company. In the late-2010s other non-glyphosate containing herbicides were also sold under the Roundup brand.

<span class="mw-page-title-main">Glyphosate</span> Systemic herbicide and crop desiccant

Glyphosate is a broad-spectrum systemic herbicide and crop desiccant. It is an organophosphorus compound, specifically a phosphonate, which acts by inhibiting the plant enzyme 5-enolpyruvylshikimate-3-phosphate synthase (EPSP). It is used to kill weeds, especially annual broadleaf weeds and grasses that compete with crops. Its herbicidal effectiveness was discovered by Monsanto chemist John E. Franz in 1970. Monsanto brought it to market for agricultural use in 1974 under the trade name Roundup. Monsanto's last commercially relevant United States patent expired in 2000.

Since the advent of genetic engineering in the 1970s, concerns have been raised about the dangers of the technology. Laws, regulations, and treaties were created in the years following to contain genetically modified organisms and prevent their escape. Nevertheless, there are several examples of failure to keep GM crops separate from conventional ones.

<span class="mw-page-title-main">Genetically modified food controversies</span> Controversies over GMO food

Genetically modified food controversies are disputes over the use of foods and other goods derived from genetically modified crops instead of conventional crops, and other uses of genetic engineering in food production. The disputes involve consumers, farmers, biotechnology companies, governmental regulators, non-governmental organizations, and scientists. The key areas of controversy related to genetically modified food are whether such food should be labeled, the role of government regulators, the objectivity of scientific research and publication, the effect of genetically modified crops on health and the environment, the effect on pesticide resistance, the impact of such crops for farmers, and the role of the crops in feeding the world population. In addition, products derived from GMO organisms play a role in the production of ethanol fuels and pharmaceuticals.

Roundup Ready is the Monsanto trademark for its patented line of genetically modified crop seeds that are resistant to its glyphosate-based herbicide, Roundup.

<i>Bank Julius Baer v. WikiLeaks</i> 2008 U.S. federal lawsuit

Bank Julius Baer & Co. v. WikiLeaks, 535 F. Supp. 2d 980, was a lawsuit filed by Bank Julius Baer against the website WikiLeaks.

The United States is the largest grower of commercial crops that have been genetically engineered in the world, but not without domestic and international opposition.

Genetically modified wheat is wheat that has been genetically engineered by the direct manipulation of its genome using biotechnology. As of 2020, no GM wheat is grown commercially, although many field tests have been conducted, with one wheat variety, Bioceres HB4 Wheat, obtaining regulatory approval from the Argentinean government.

The Center for Food Safety (CFS) is a 501c3, U.S. non-profit advocacy organization, based in Washington, D.C. It maintains an office in San Francisco, California, and Portland, Oregon. CFS's mission is to empower people, support farmers, and protect the earth from the harmful impacts of industrial agriculture through groundbreaking legal, scientific, and grassroots action. It was founded in 1997.

<span class="mw-page-title-main">Mendocino County GMO Ban</span>

Mendocino County, California, was the first jurisdiction in the United States to ban the cultivation, production or distribution of genetically modified organisms (GMOs). The ordinance, entitled Measure H, was passed by referendum on March 2, 2004. Initiated by the group "GMO Free Mendocino", the campaign was a highly publicized grassroots effort by local farmers and environmental groups who contend that the potential risks of GMOs to human health and the ecosystem have not yet been fully understood. The measure was met with opposition by several interest groups representing the biotechnology industry, The California Plant Health Association and CropLife America, a Washington-based consortium whose clients represent some of the largest food distributors in the nation, including Monsanto, DuPont and Dow Chemical. Since the enactment of the ordinance, Mendocino County has been added to an international list of "GMO free zones." Pre-emptive statutes banning local municipalities from such ordinances have now become widespread with adoption in sixteen states.

Monsanto Co. v. Geertson Seed Farms, 561 U.S. 139 (2010), is a United States Supreme Court case decided 7-1 in favor of Monsanto. The decision allowed Monsanto to sell genetically modified alfalfa seeds to farmers, and allowed farmers to plant them, grow crops, harvest them, and sell the crop into the food supply. The case came about because the use of the seeds was approved by regulatory authorities; the approval was challenged in district court by Geertson Seed Farms and other groups who were concerned that the genetically modified alfalfa would spread too easily, and the challengers won. Monsanto appealed the district court decision and lost, and appealed again to the Supreme Court, where Monsanto won, thus upholding the original approval and allowing the seeds to be sold.

Dynadot is an ICANN-accredited domain registrar and web host company founded by software engineer Todd Han in 2002. Dynadot's headquarters is located in San Mateo, California, with offices in Zhengzhou and Beijing, China, as well as Toronto, Canada.

MON 87705 is a genetically engineered variety of glyphosate-resistant low-linolenic, high-oleic soybeans produced by Monsanto.

The Farmer Assurance Provision refers to Section 735 of US H.R. 933, a bill that was passed by the Senate on March 20, 2013, and then signed into law as part of the Consolidated and Further Continuing Appropriations Act, 2013 by President Barack Obama on March 26, 2013. The provisions of this law remained in effect for six months, until the end of the fiscal year on September 30, 2013. The Farmer Assurance Provision was discontinued in Sec. 101 of the Continuing Appropriations Act, 2014. The bill is commonly referred to as the "Monsanto Protection Act" by its critics.

Bowman v. Monsanto Co., 569 U.S. 278 (2013), was a United States Supreme Court patent decision in which the Court unanimously affirmed the decision of the Federal Circuit that the patent exhaustion doctrine does not permit a farmer to plant and grow saved, patented seeds without the patent owner's permission. The case arose after Vernon Hugh Bowman, an Indiana farmer, bought transgenic soybean crop seeds from a local grain elevator for his second crop of the season. Monsanto originally sold the seed from which these soybeans were grown to farmers under a limited use license that prohibited the farmer-buyer from using the seeds for more than a single season or from saving any seed produced from the crop for replanting. The farmers sold their soybean crops to the local grain elevator, from which Bowman then bought them. After Bowman replanted the crop seeds for his second harvest, Monsanto filed a lawsuit claiming that he infringed on their patents by replanting soybeans without a license. In response, Bowman argued that Monsanto's claims were barred under the doctrine of patent exhaustion, because all future generations of soybeans were embodied in the first generation that was originally sold.

Monsanto was involved in several high-profile lawsuits, as both plaintiff and defendant. It had been defendant in a number of lawsuits over health and environmental issues related to its products. Monsanto also made frequent use of the courts to defend its patents, particularly in the area of agricultural biotechnology. Bayer acquired Monsanto in 2018, and the company has since been involved in litigation related to ex-Monsanto products such as glyphosate, PCBs and dicamba. In 2020 it paid over $10 billion to settle lawsuits involving the glyphosate based herbicide Roundup.

A genetically modified sugar beet is a sugar beet that has been genetically engineered by the direct modification of its genome using biotechnology. Commercialized GM sugar beets make use of a glyphosate-resistance modification developed by Monsanto and KWS Saat. These glyphosate-resistant beets, also called 'Roundup Ready' sugar beets, were developed by 2000, but not commercialized until 2007. For international trade, sugar beets have a Maximum Residue Limit of glyphosate of 15 mg/Kg at harvest. As of 2016, GMO sugar beets are grown in the United States and Canada. In the United States, they play an important role in domestic sugar production. Studies have concluded the sugar from glyphosate-resistant sugar beets is molecularly identical to and so has the same nutritional value as sugar from conventional (non-GMO) sugar beets.

References

  1. 1 2 Jeffrey White at the Biographical Directory of Federal Judges , a publication of the Federal Judicial Center .
  2. USDA-APHIS (February 4, 2011). "Roundup Ready Sugar Beet Case: Timeline". Archived from the original on 2013-07-01.
  3. "Wikileaks.org under injunction - Wikileaks". Archived from the original on 2018-03-06. Retrieved 2008-02-19.
  4. "California District Court Injunction against Dynadot, the WikiLeakS.org Domain Registrar". Archived from the original on 2012-02-09. Retrieved 2008-02-19.
  5. BBC "Whistle blower site taken offline" http://news.bbc.co.uk/1/hi/technology/7250916.stm Monday, 18 February 2008, 16:20 GMT
  6. Royal Gazette "Wikileaks shut down" http://www.theroyalgazette.com/siftology.royalgazette/Article/article.jsp?articleId=7d82a3330030021&sectionId=60%5B%5D Monday, 18 February 2008, 18:55 GMT
  7. "Misguided judge pulls plug on Wikileaks". 21 February 2008.
  8. Philipp Gollner (29 February 2008). "Judge reverses ruling in Julius Baer leak case". Reuters. Retrieved 2008-03-01.
  9. Claburn, Thomas (2008-03-06). "Swiss Bank Abandons Lawsuit Against Wikileaks: The wiki had posted financial documents it said proved tax evasion by Bank Julius Baer's clients". InformationWeek.
  10. 1 2 Judge reverses Wikileaks injunction The Inquirer.
  11. Levine, Dan. "Gay spouse given health benefits in U.S. court case". Reuters. Retrieved 2012-02-22.
  12. Hubler, Shawn (2024-02-01). "A federal judge dismisses a suit to block U.S. support of Israel — but urges Biden to re-examine his approach". The New York Times. ISSN   0362-4331 . Retrieved 2024-02-19.
  13. Egelko, Bob (2024-01-31). "Israel intends to 'eradicate a whole people,' Bay Area judge says in dismissing suit against Biden". San Francisco Chronicle. Retrieved 2024-02-18.
Legal offices
Preceded byJudge of the United States District Court for the Northern District of California
2002–2021
Succeeded by