genetic engineering

Have a listen here.

CEI Senior Fellow Greg Conko, author of The Frankenfood Myth, talks about the promise and imagined peril of genetically modified salmon. The controversial creature reaches normal size twice as fast as unmodified salmon.

What’s the most sustainable way to grow the food we eat? The answer environmentalists give is always “local and organic.”  But, increasingly, the answer from the scientists who’ve studied the question is the exact opposite.  A study from England’s Royal Society issued last October concluded that genuinely sustainable agriculture must embrace the use of science and technology for producing more food on less land.  It suggests that a healthy concern for protecting the environment necessitates the greater adoption of sophisticated agricultural technologies, including fertilizers, pesticides, and bioengineered (or GM) crops.  Why?  Because protecting the environment will require growing vastly more food without bringing new land into agriculture–what the report calls “sustainable intensification.”

And, just last week, the US National Academy of Sciences’s National Research Council issued an in-depth study on The Impact of Genetically Engineered Crops on Farm Sustainability in the United States, concluding that, “when best management practices are implemented, GE crops have been effective at reducing pest problems with economic and environmental benefits”.

Among the reports more specific findings:

  • “Adoption of herbicide-resistant crops could help improve soil and water quality.”
  • “Targeting specific insect pests with Bt toxins in corn and cotton has been successful, and insecticide use has decreased with the adoption of insect-resistant crops.”
  • “Many adopters of GE crops have experienced either lower costs of production or higher yields, and sometimes both.”
  • “Farmers who previously faced high levels of insect pests that were difficult to treat before insect-resistant crops have particularly benefited from applying lower amounts of or less expensive insecticides.”
  • “More effective management of weeds and insects also means that farmers may not have to apply insecticides or till for weeds as often.”

An overwhelming amount of scientific evidence amassed during the past two decades suggests that genetically engineered foods have been a huge boon for American farmers, consumers, and the environment.

Ironically, claims that organic farming is a nearer and dearer friend to the environment are difficult to substantiate because organic practices merely trade some environmental threats for others. For example, organic farms do not generate the same sorts of synthetic chemical run-off as modern, industrialized farms. But organic farms do still need to control pests, weeds, and pathogens. They also need to replace soil nutrients drawn off by growing plants. Judged by the standards of those who criticize modern agricultural practices, the techniques that organic farmers use to accomplish these tasks are far from eco-friendly.

While organic farmers do not use synthetic pesticides, they do use chemicals to control insects and plant diseases – including such potentially dangerous chemicals as copper sulfate, rotenone, pyrethrum, ryania, and sabadilla. These “organic” pesticides are derived from minerals or plants, are lightly processed, and thus are considered to be “natural” for the purposes of organic agriculture. Yet, ounce for ounce, most are at least as toxic or carcinogenic as many of the newest synthetic chemical pesticides.

In addition, because organic farmers must control weeds by using frequent, mechanical tillage – or sacrifice yields – organic agriculture contributes to topsoil erosion and disturbs worms and other soil invertebrates. Compared with modern conservation tillage practices, organic weed control is much more environmentally damaging.  And, instead of soluble nitrogen, potassium, and phosphorous fertilizers, organic farmers rely on animal manure and so-called “green manures,” such as legume nitrogen fixation or organic plant matter, to restore soil nutrients. However, plowing legume crops and animal wastes into the soil leads to nitrate leaching into groundwater and streams at rates similar to conventional agricultural practices, and the chemical properties of soluble mineral fertilizers that are prohibited in organic farming are identical to those of that are released in uncontrolled quantities by the mineralization of organic matter.

Ultimately, many Americans have come to believe the organic food industry’s marketing campaign that consuming its products is the environmental way to eat.  But, those claims just don’t stand up to rigorous scientific scrutiny.

In a pretty remarkable move, the United States District Court for the Southern District of New York yesterday held that genes can not be patented merely because they have been isolated and purified out of their surrounding DNA.  Attorneys from the American Civil Liberties Union and the Cordozo Law School’s Public Patent Foundation, working on behalf of the Association for Molecular Pathology, challenged the validity of patents held by Myriad Genetics and the University of Utah on the BRCA1 and BRCA2 genes (particular mutations in which are associated with breast cancer).  District Court Judge Robert Sweet held that isolated “wild-type” DNA sequences are “naturally-occurring” things, and are therefore not patentable subject matter under the U.S. Patent Act [read the full decision in PDF format here].

The decision also invalidated Myriad Genetics’ patents on all methods of comparing the sequences of “normal” and “mutated” BRCA1 and 2 genes because they are “abstract mental processes,” which are also unpatentable subject matter.  Although the case addressed only the BRCA1 and 2 genes, the decision now calls into question the validity of some 2,000 other gene patents that have been granted by the Patent and Trademark Office since the National Institutes of Health applied for the very first gene patent back in 1991.

Natural phenomena have always been unpatentable under the U.S. Patent Act, so the existence of patents on wild-type genes has long posed a bit of a paradox.  However, as long ago as 1911, a federal court permitted the patenting of adrenaline, on the grounds that, once purified from the human body, the chemical existed in a substantially different form from that which was not extracted and purified.  Similarly, patents on isolated genes have been rationalized on the grounds that they do not appear in nature in a purified and isolated form.  Importantly, the scope of the patents on adrenaline or the BRCA1 gene extended only to those that were isolated from the human body.  That’s why, for example, my mom and sisters haven’t been infringing the BRCA1 patents merely by having those genes in their DNA.

This is also why it is not perfectly clear that this District Court decision will stand up on appeal.  Judge Sweet and the plaintiffs may be right that the isolation and purification doctrine is merely “a ‘lawyer’s trick’ that circumvents the prohibitions on the direct patenting of the DNA in our bodies but which, in practice, reaches the same result.”  But, it’s a lawyer’s trick with a very long pedigree, and which has repeatedly been upheld in analogous situations over the past hundred years.

Nevertheless, I’ve long felt uneasy about the patenting of wild-type genes.  This is quite different from, for example, intentionally changing the genetic structure of an organism to one that doesn’t exist in nature, which by all reasonable thinking amounts to a genuine invention.  Judge Sweet’s opinion will have no effect on, for example, the ability to patent a new plant variety developed by conventional breeding techniques or a microbe genetically-engineered with a novel gene that makes it helpful in cleaning up oil spills, both of which have been upheld by the U.S. Supreme Court.  These are, in fact, “new and useful process[es], machine[s], manufacture[s], or composition[s] of matter,” subject to patenting under the Patent Act.  An isolated gene (or an isolated chemical for that matter) that already exists in nature, and which has not been modified by human hands, just isn’t.

Spending the time and resources to identify, map, sequence, and characterize a gene is a very useful activity, and one that the beneficiaries of which ought to be willing to pay for.  If Judge Sweet’s decision does stand, and all gene patents become invalid, then I would expect to see an awful lot less of this very useful activity.  That’s appears to be something that those cheering loudest for this decision seem not to have acknowledged.  Still, I suspect that permitting the patenting of a product of nature is not the way to go about optimizing the level of such activity.

Norman Borlaug, the scientist who saved a billion lives by fathering the Green Revolution, died Saturday at the age of 95. His work in developing new crops to feed the world’s hungry in places like India earned him a Nobel Peace Prize, a Presidential Medal of Freedom, and a Congressional Gold Medal, even though his work was seldom mentioned by the press. Ronald Bailey notes that Borlaug “saved more human lives than any other” person in history.

Borlaug was attacked by some on the extreme left, such as a writer in The Nation magazine, because he was a staunch defender of new agricultural technologies and genetic engineering to feed the Earth’s burgeoning population.

Speaking of wars on science: a new toy “safety” law, the CPSIA, that is based on junk science, has wiped out countless small toy companies, while giving a special “exemption” to an “industry giant” that imported tainted Chinese toys, and doing nothing to make children safer.

This perverse new law has resulted in tens of thousands of harmless children’s books being removed from the shelves and thrown in the trash (the illustrations in children’s books sometimes had tiny trace quantities of lead, too small to harm any children, who don’t eat books).  It also resulted in thousands of trunkloads of harmless children’s clothing and toys being trashed, and bankrupted many second-hand clothing stores for poor kids.

In the Wall Street Journal today, legal commentator Walter Olson describes some of the havoc the new law has created. The Obama administration has turned a deaf ear to pleas for reform by critics of the new law, perhaps because a key provision of the CPSIA “was added by then-Sen. Barack Obama.” All but 3 Congressmen voted in favor of this foolish law, but some in Congress now regret their votes to pass it.  Most Republicans, and a tiny handful of Democrats, now want to change the law to make it less burdensome and discriminatory, but to no avail.  Congressional leaders like Henry Waxman (D-Calif.) are refusing to make any changes to this perverse law.