Southern Crop

Southern Crop

Hawaii Crop Improvement Association Response to 9th Circuit Court Ruling

SFM] Update – Pesticides and Ag Biotech Crops – Hawaii Counties Cannot Enact their Own Bans or Regulations on these agricultural measures since it would pre-empt State laws that regulate potentially harmful plants, according to the Opinion of the United States Court of Appeals for the Ninth Circuit, affirming a previous ruling by the District Court of Hawaii – A voter initiative in Maui sought to “… ban the cultivation and testing of genetically modified crops [while] Kauai County had imposed pesticide notification requirements and mandated pesticide buffer zones, and Hawaii Island had enacted an ordinance banning open air testing of genetically engineered organisms …”

Web site: Sources:
November 18, 2016 Opinion of the United States Court of Appeals for the Ninth Circuit Case No. 1:14-cv-00014-BMK posted at
http://cdn.ca9.uscourts.gov/datastore/opinions/2016/11/18/14-16833.pdf

The November 18, 2016 Hawaii Crop Improvement Association (HCIA) Press Release, titled “HCIA Response to 9th Circuit Court Ruling”, is posted at
http://www.bettercropshawaii.com/home/hcias-9th-circuit-court-ruling-statement/

A November 18, 2016 Associated Press news story, titled “Judge: Hawaii counties can’t regulate GMOs and pesticides”, is posted at
http://hosted.ap.org/dynamic/stories/A/APFN_US_GMO_BAN?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT

The August 25, 2014 Judgment of United States Magistrate Judge Barry M. Kurren of the U.S. District Court for the District of Hawaii signed on August 23, 2014 is posted at
http://www.fien.com/pdfs/SyngentavsKauaiCntyJudgment.pdf

The August 25, 2014 Order on Preemption is posted at
http://www.fien.com/pdfs/SyngentavsKauaiCntyOrder.pdf

The January 10, 2014 Complaint filed in the U.S. District Court in Hawaii is posted at
http://www.fien.com/pdfs/KauaiGMOBill-1-10-13.pdf

The October 31, 2013 Office of Mayor Bernard P. Carvalho, Jr. News Release, titled “Mayor vetoes Bill 2491”, and posted at
http://www.kauai.gov/LinkClick.aspx?fileticket=JtejVwp2fs4%3d&tabid=346&mid=1449

Information about the Hawaii Crop Improvement Association (HCIA) is available at
http://www.bettercropshawaii.com/home/the-hcia-team/what-is-the-hcia/

The previous FIEN message related to this topic is posted at
http://www.fien.com/articleDisplay.php?id=30920

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