April 27, 2024

A Dream of Glowing Trees Is Assailed for Gene-Tinkering

The project, which will use a sophisticated form of genetic engineering called synthetic biology, is attracting attention not only for its audacious goal, but for how it is being carried out.

Rather than being the work of a corporation or an academic laboratory, it will be done by a small group of hobbyist scientists in one of the growing number of communal laboratories springing up around the nation as biotechnology becomes cheap enough to give rise to a do-it-yourself movement.

The project is also being financed in a D.I.Y. sort of way: It has attracted more than $250,000 in pledges from about 4,500 donors in about two weeks on the Web site Kickstarter.

The effort is not the first of its kind. A university group created a glowing tobacco plant a few years ago by implanting genes from a marine bacterium that emits light. But the light was so dim that it could be perceived only if one observed the plant for at least five minutes in a dark room.

The new project’s goals, at least initially, are similarly modest. “We hope to have a plant which you can visibly see in the dark (like glow-in-the-dark paint), but don’t expect to replace your light bulbs with version 1.0,” the project’s Kickstarter page says.

But part of the goal is more controversial: to publicize do-it-yourself synthetic biology and to “inspire others to create new living things.” As promising as that might seem to some, critics are alarmed at the idea of tinkerers creating living things in their garages. They fear that malicious organisms may be created, either intentionally or by accident.

Two environmental organizations, Friends of the Earth and the ETC Group, have written to Kickstarter and to the Agriculture Department, which regulates genetically modified crops, in an effort to shut down the glowing plant effort.

The project “will likely result in widespread, random and uncontrolled release of bioengineered seeds and plants produced through the controversial and risky techniques of synthetic biology,” the two groups said in their letter demanding that Kickstarter remove the project from its Web site.

They note that the project has pledged to deliver seeds to many of its 4,000 contributors, making it perhaps the “first-ever intentional environmental release of an avowedly ‘synthetic biology’ organism anywhere in the world.” Kickstarter told the critics to take up their concerns with the project’s organizers. The Agriculture Department has not yet replied.

Antony Evans, the manager of the glowing plant project, said in an interview that the activity would be safe.

“What we are doing is very identical to what has been done in research laboratories and big institutions for 20 years,” he said. Still, he added, “We are very cognizant of the precedent we are setting” with the do-it-yourself project and that some of the money raised would be used to explore public policy issues.

Synthetic biology is a nebulous term and it is difficult to say how, if at all, it differs from genetic engineering.

In its simplest form, genetic engineering involves snipping a gene out of one organism and pasting it into the DNA of another. Synthetic biology typically involves synthesizing the DNA to be inserted, providing the flexibility to go beyond the genes found in nature.

The glowing plant project is the brainchild of Mr. Evans, a technology entrepreneur in San Francisco, and Omri Amirav-Drory, a biochemist. They met at Singularity University, a program that introduces entrepreneurs to futuristic technology.

Dr. Amirav-Drory runs a company called Genome Compiler, which makes a program that can be used to design DNA sequences. When the sequence is done, it is transmitted to a mail-order foundry that synthesizes the DNA.

Kyle Taylor, who received his doctorate in molecular and cell biology at Stanford last year, will be in charge of putting the synthetic DNA into the plant. The research will be done, at least initially, at BioCurious, a communal laboratory in Silicon Valley that describes itself as a “hackerspace for biotech.”

The first plant the group is modifying is Arabidopsis thaliana, part of the mustard family and the laboratory rat of the plant world. The organizers hope to move next to a glowing rose.

Scientists have long made glowing creatures for research purposes, using including one or more monkeys, cats, pigs, dogs and worms. Glowing zebra fish have been sold in some aquarium shops for years.

These creatures typically have the gene for a green fluorescent protein, derived from a jellyfish, spliced into their DNA. But they glow only when ultraviolet light is shined on them.

Others going back to the 1980s have transplanted the gene for luciferase, an enzyme used by fireflies, into plants. But luciferase will not work without another chemical called luciferin. So the plants did not glow unless luciferin was constantly fed to them. In 2010, researchers at Stony Brook University reported in the journal Plos One that they had created a tobacco plant that glowed entirely on its own, however dimly. They spliced into the plant all six genes from a marine bacterium necessary to produce both luciferase and luciferin.

Alexander Krichevsky, who led that research, has started a company, BioGlow, to commercialize glowing plants, starting with ornamental ones, since it is still impractical to replace light bulbs.

“Wouldn’t you like your beautiful flowers to glow in the dark?” he said, invoking the glowing foliage in the movie “Avatar.”

Dr. Krichevsky declined to provide more about the products, timetables or the investors backing his company, which is based in St. Louis.

Whether it will ever be possible to replace light bulbs remains to be seen and depends to some extent on how much of the plant’s energy can be devoted to light production while still allowing the plant to grow. Mr. Evans said his group calculated, albeit with many assumptions, that a tree that covers a ground area of 10 meters (nearly 33 feet) by 10 meters might be able to cast as much light as a street lamp.

While the Agriculture Department regulates genetically modified plants, it does so under a law covering plant pests.

BioGlow has already obtained a letter from the department saying that it will not need approval to release its glowing plants because they are not plant pests, and are not made using plant pests. The hobbyist project hopes to get the same exemption.

Todd Kuiken, senior research associate at the Woodrow Wilson Center in Washington, who has been studying the governance of both synthetic biology and the do-it-yourself movement, said the glowing plant project was an ideal test case.

“It exposes the gaps and holes in the regulatory structure, while it is, I would argue, a safe product in the grand scheme of things,” Dr. Kuiken said. “A serious look needs to be taken at the regulatory system to see if it can handle the questions synthetic biology is going to raise.”

Article source: http://www.nytimes.com/2013/05/08/business/energy-environment/a-dream-of-glowing-trees-is-assailed-for-gene-tinkering.html?partner=rss&emc=rss

Mixed Decision for Shell in Nigeria Oil Spill Suits

In a legal dispute that had been closely watched by multinational companies and environmental organizations, a Dutch court Wednesday dismissed most of the claims brought by Nigerian farmers seeking to hold Royal Dutch Shell accountable for damage by oil spilled from its pipelines.

The decision, by the District Court of the Hague, was unusual in that it was brought in a Dutch jurisdiction against a Dutch company for activities overseas by a foreign subsidiary.

Shell, which has its headquarters in the Hague and its registered offices in London, acclaimed the decision as a vindication.

The company had argued that the oil spills were not its fault, but the result of criminal tampering.

“This ruling will enable more people to understand what is happening on the ground in Nigeria,” Jonathan French, a Shell spokesman, said. “We have this rampant problem of criminal activities: oil theft, sabotage, and illegal refining. That is the real tragedy of the Niger Delta.”

The company, which obtains 12 percent of its oil and gas from Nigeria, has long been dogged by accusations that its activities there cause serious environmental problems and human rights abuses.

In 2009 it agreed to pay $15.5 million to end a lawsuit brought under the U.S. Alien Tort Claims Act arising from the 1995 execution of the author Ken Saro-Wiwa, a critic of the company and the Nigerian government’s actions in the Niger Delta.

That U.S. law has been interpreted as having broad jurisdiction, even over foreign multinationals.

Shell denied that it bore any responsibility for Mr. Saro-Wiwa’s death, but said it wanted to end the litigation and move on.

In the case decided Wednesday, which was filed in 2008, four Nigerian farmers and fishermen, working with the environmentalist group Friends of the Earth, claimed that their livelihoods had been ruined by oil that spilled from Shell pipelines in their villages.

While the pollution damage itself was not in dispute, Shell argued that the spills had been caused by so-called bunkering — oil theft from the pipelines — as well as outright sabotage.

The court agreed with Shell in most of those spills, around the villages of Goi and Oruma.

But it held that in one spill, near the village of Ikot Ada Udo, the local subsidiary, Shell Petroleum Development Co. of Nigeria, was liable for damages — as yet unspecified — to one farmer.

In that case, the court said, “sabotage was committed in a very simple way in 2006 and 2007 by opening the overground valves with a monkey wrench,” something that “Shell Nigeria could and should have prevented.”

“I am not surprised at the decision because there was divine intervention in the court,” Reuters quoted the farmer, Friday Akpan, as saying. “The spill damaged 47 fishing ponds, killed all the fish and rendered the ponds useless.”

Joel Trachtman, a professor of international law at the Fletcher School of Law and Diplomacy in Medford, Massachusetts, said that, in theory, the court’s finding in favor of Mr. Akpan meant that “multinational companies could find their foreign subsidiaries held to a higher standard, higher even than locally owned companies.”

That, he said, “conceivably could deter foreign investment in Nigeria.”

But Mr. Trachtman noted that the court also rejected any liability for the parent company. That limited the implications of the ruling. Mr. Trachtman said that facet of the decision was in keeping with global legal principles. “Usually courts around the world accept the separate existence of a subsidiary corporation,” he said. “They don’t pierce the veil to hold the parent responsible.”

Evert Hassink, a spokesman for the Dutch chapter of Friends of the Earth, described the court ruling as “mixed.” The court’s refusal to assign any responsibility to the parent company was disappointing, he said. But “we’ve succeeded in establishing the principle of going to court in the Netherlands or Europe because of what happened in another country,” he said.

Article source: http://www.nytimes.com/2013/01/31/business/global/dutch-court-rules-shell-partly-responsible-for-nigerian-spills.html?partner=rss&emc=rss