Court Rules FDA Violated Environmental Laws in Approving GMO Salmon

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This article originally appeared in the December edition of Presence Marketing’s Industry Newsletter

By Steven Hoffman

A federal judge in San Francisco on November 5 ordered the US. Food and Drug Administration (FDA) to re-evaluate its approval of genetically modified salmon based on ecological concerns if the GMO salmon were to escape into the wild. 

FDA in 2015 approved the commercialization of Maynard, MA-based AquaBounty Technologies’ genetically engineered “AquAdvantage” salmon, finding it had no significant impact. Five years later, however, the U.S. District Court for the Northern District of California agreed with environmental groups who shared concern that the GMO salmon could escape to damage wild salmon populations, reported Food Safety News. 

According to a statement by Earthjustice, “The court ruled that FDA ignored the serious environmental consequences of approving genetically engineered salmon and the full extent of plans to grow and commercialize the salmon in the U.S. and around the world, violating the National Environmental Policy Act. The court also ruled that FDA’s unilateral decision that genetically engineered salmon could have no possible effect on endangered, wild Atlantic salmon was wrong, in violation of the Endangered Species Act,” Earthjustice said. “FDA must now thoroughly analyze the environmental consequences of an escape of genetically engineered salmon into the wild,” it added.

In a 16-page decision, U.S. District Judge Vince Chhabria rejected FDA’s position that it has no duty to consider environmental impacts when reviewing applications to breed genetically modified animals. “Even if the FDA is correct that environmental considerations writ large were not relevant to its decision, the agency is always required to consider the subset of environmental impacts that directly involve the health of animals or humans,” Judge Chhabria wrote. 

“This decision underscores what scientists have been telling FDA for years—that creating genetically engineered salmon poses an unacceptable risk if the fish escape and interact with our wild salmon and that FDA must understand that risk to prevent harm,” said Earthjustice managing attorney Steve Mashuda. “Our efforts should be focused on saving the wild salmon populations we already have—not manufacturing new species that pose yet another threat to their survival.” 

According to Alaska Public Media, AquaBounty Technologies President and CEO Sylvia Wulf released a statement saying the company is “disappointed” by the ruling. But she said it won’t impact operations at its egg growing facility on Prince Edward Island, Canada, or its fish farm in Albany, Indiana. 

“It’s a terrible idea to design genetically engineered ‘Frankenfish’ which, when they escape into the wild (as they inevitably will), could destroy our irreplaceable salmon runs,” said Mike Conroy, Executive Director of the Pacific Coast Federation of Fishermen's Associations (PCFFA), in the Earthjustice statement. “Once engineered genes are introduced into the wild salmon gene pool, it cannot be undone. This decision is a major victory for wild salmon, salmon fishing families and dependent communities, and salmon conservation efforts everywhere,” he said.