Citing possible harm to Hawaii's 329 endangered and threatened species, a federal district judge has ruled that USDA violated the Endangered Species Act in permitting the cultivation of biotech crops throughout Hawaii, and the National Environmental Policy Act by failing to conduct preliminary investigations prior to approval of the plantings.

Citing possible harm to Hawaii's 329 endangered and threatened species, a federal district judge has ruled that USDA violated the Endangered Species Act in permitting the cultivation of biotech crops throughout Hawaii, and the National Environmental Policy Act by failing to conduct preliminary investigations prior to approval of the plantings.

The decision represents the first federal court ruling ever on "biopharming," the practice of genetically altering food crops to produce experimental drugs and industrial compounds.

The four USDA issued permits primarily at issue in the case authorized Monsanto, ProdiGene, Garst Seed Co. and the Hawaii Agriculture Research Center to plant more than 800 acres (1.25 square miles) of drug-producing corn and sugarcane at various sites in Kauai, Oahu, Molokai and Maui from 2001-2003. Plaintiffs also have challenged USDA's practice of concealing the locations of trials from the public. Judge J. Michael Seabright ordered the parties to appear in court to discuss remedies for the government's violations.