The article “Will Genetically Engineered Chestnuts Be Roasting on an Open Fire of Litigation?”, written by Thomas Parker Redick, was posted March 21, 2023 on the American Bar Association’s website.
We encourage you to read it, as it discusses “the legal threats that may exist to the release and unconstrained use of the American chestnut with genes genetically altered to resist fungal assaults from the blight that devastated this iconic American tree.”
In the article, Redick goes on to state:
“Currently being tested in field trials, the future unrestricted release and use of the American chestnut could stir enough controversy among anti-biotech activists to lead them to file injunctive litigation to stop the launch (i.e., a release allowing unconstrained use), either through the National Environmental Policy Act (NEPA; a commonly used tool, with attorneys’ fees paid by the government to successful litigants) or the novel common law approach, anticipatory nuisance.”
The entire article can be read on the American Bar Association’s website.