Bost v. Illinois Bd. of Elections · ¶86

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 reasonable. 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 reason ably predicted that “‘the genetic contamination of the [modified] seed [would] rapidly spread through the seed growing regions.’” Ibid.

slip opinion
Source edition
Passage preview. Read in context for the complete text, notes and references.