Cornell must release biotech-research records
By The Associated Press
11.12.02
ALBANY, N.Y. — A court has bolstered an attempt by a biotechnology opponent to get Cornell University to make public documents about biotech research in the Finger Lakes.
The Albany-based Appellate Division of state Supreme Court ruled unanimously that Cornell was bound to release records sought by Jeremy Alderson under the state's Freedom of Information Law (FOIL).
Among the documents named in eight FOIL requests from Alderson in 2000 are the contracts under which Cornell and the New York State College of Agriculture and Life Sciences are conducting research on genetically altered organisms; field tests of modified crops; partners and tenants of a new agricultural technology park to be created near the existing state Agricultural Experiment Station in Geneva; and risk assessments Cornell says it has performed on biotech research.
A lower court blocked the FOIL requests, agreeing with Cornell's contention that the state College of Agricultural and Life Sciences and its agriculture research station in Geneva, N.Y., are integral parts of Cornell. Private colleges are exempted from FOIL.
But the appellate division on Nov. 7 ruled unanimously that the College of Agriculture and Life Sciences is foremost a component of the State University of New York system, which is subject to FOIL.
Alderson contended that Cornell officials who have blocked the release of information about its research ventures are "thugs" who have made "biotechnology in the Finger Lakes into an offer we can't refuse."
"Billions or hundreds of millions of dollars have been invested in it, yet we who are bearing the risks have never been given a choice," said Alderson, a former radio talk-show host in Geneva who is also an advocate for the homeless.
Opponents of biotechnology say the effects of genetically altered organisms on humans is unclear. They also worry that such research could create damaging life forms such as "super weeds" capable of ruining conventional local crops if allowed to escape into the atmosphere.
Biotech research is "dangerous, arrogant, irresponsible, profit-driven and insane," Alderson said.
Cornell counters that it is resisting Alderson's request for information because of the "complex legal questions" involved and not the content of the materials, according to university spokesman Henrik Dullea.
Cornell believes the College of Agriculture and Life Sciences, though operated through a contract with the State University of New York, is an "integral" part of Cornell and, as such, not subject to FOIL, Dullea said.
College officials are considering an appeal of the ruling to the state's highest court, the Court of Appeals, Dullea said. The college may also challenge the release of individual documents in Alderson's FOIL request, such as internal memos, the Cornell spokesman said.
Cornell is worried that if the ruling stands, records at three other State University-affiliated Cornell schools — the College of Human Ecology, the College of Veterinary Medicine and the School of Industrial and Labor Relations — would also be subject to release under FOIL, Dullea said.