Hoffman v. Monsanto: Courts, Class Actions, and Perceptions of the Problem of GM Drift

Abstract

Hoffman v. Monsanto raises questions about the civil litigation system. Are courts appropriate institutions, and are class actions the appropriate procedure, for resolving disputes about genetically modified organisms (GMOs)? After addressing the institutional question, this article focuses on procedure. Although class actions are designed to empower group litigation, environmental class actions are rarely permitted. This is partly because their claims for private law actions seeking monetary compensation cause courts to focus on individual aspects of the problem, and the collective harm caused by widespread environmental effects is overlooked. Because most environmental lawsuits are prohibitively complex and expensive for individuals to litigate, this results in a denial of justice. It also prevents courts from playing their institutional role in the struggle to craft appropriate legal responses to GMOs. Greater focus on the role of groups and the collective nature of environmental harms would lead to different approaches to interpreting class action procedure.