This post should not be construed as legal advice
On June 30, 2015, a Federal district judge in Hawaii ruled that Maui’s county genetically modified organism (GMO) ordinance was preempted by Federal and state law. For those of you keeping score at home, this marks the third county in Hawaii whose GMO ordinance was found to be preempted. I realize Billy Joe Shaver did not say this first, but he did put it into a good song. To paraphrase Shaver, “If at first you don’t succeed, then try and try again . . .” Read More
Back in September, I wrote about a Kauai County ordinance banning the production of GMO crops invalidated by the federal district court in Hawaii. Recently a Hawaii County ordinance banning GMO production met a similar fate in Hawai’i Floriculture & Nursery Ass’n v. County of Hawaii, Civ. No. 14-00267, 2014 WL 6685817 (D. Haw. Nov. 26, 2014). Similar to the Kauai County ordinance, the Hawaii County ordinance was preempted under state law and portions of federal law. Read More
This post should not be relied upon as legal advice.
Recently the federal district court in Hawaii concluded that a Kauai County ordinance imposing regulations on pesticide applications and on the planting of genetically modified (GMO) crops was preempted by state law, click here. The court decision looking at this issue is a potentially growing area of litigation. Earlier this summer I posted about two counties in Oregon that had passed ordinances banning GMO crop production. Other counties and states could potentially implement similar bans. Read More
Oregon Counties Ban GMOs
This week was Election Day for many states around the country. Oregon had two counties with interesting provisions on their ballots. Jackson and Josephine counties in Oregon had ballot measure that would ban the use of GMO crops in their counties. The electorate in both counties approved the measures by 66 percent in Jackson and 57 percent in Josephine (Click here to view Jackson’s ordinance and click here to view Josephine’s ordinance). Both ordinances prove for a 12 month grace period before enforcement will state and allow for enforcement by the county or a private citizen. Read More