Bost v. Illinois Bd. of Elections · ¶83

The key phrase from our Monsanto opinion is “reasonable probability.” The farmers did not simply point to a hypothetical possibility of cross-contamination. Instead, their allegations established that their fear of future harm was rea sonable. In particular, the farmers explained that modified alfalfa seeds were actually “ `being planted in all the major alfalfa seed production areas with little regard to contamination to non-GMO seed production fields.' ” Id., at 154, n. 3. The farmers also emphasized “ `the compact geographic area of the prime alfalfa seed producing areas and the fact that pollen is distributed by bees that have large natural range of activity.' ” Ibid. Accordingly, they reasonably predicted that “ `the genetic contamination of the [modified] seed [would] rapidly spread through the seed growing regions.' ” Ibid.

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