Four nonprofit organizations and Kauai County are appealing a federal judge’s decision to invalidate a Kauai County law pertaining to pesticides and genetically modified crops.
Ka Makani Ho‘opono, the Center for Food Safety, the Pesticide Action Network North America and the Surfrider Foundation — represented by Earthjustice and the Center for Food Safety — filed an appeal in the 9th U.S. Circuit Court of Appeals on Wednesday, challenging U.S. Magistrate Judge Barry Kurren’s decision that overturned Ordinance 960 (formerly Bill 2491). Kauai County filed its appeal Tuesday.
On Aug. 25, Kurren ruled in favor of four seed companies that argued the county law was pre-empted by state law.
Earthjustice Attorney Paul Achitoff said, "We don’t believe that the Hawaii Legislature intended that only the state can regulate pesticides and only the state can regulate vegetation that causes problems."
The nonprofit groups intervened in the lawsuit against the county to defend the new law after DuPont Pioneer, Syngenta, Agrigenetics Inc., doing business as Dow AgroSciences, and BASF Plant Sciences LP filed a lawsuit in U.S. District Court claiming Ordinance 960 was invalid.
On Sept. 17, the Kauai County Council approved spending up to $12,750 for an appeal. Attorney David Minkin of McCorriston Miller Mukai MacKinnon LLP represented the county in the lawsuit and is handling the appeal.
The county has previously authorized $210,000 for special counsel to defend the law.
Ordinance 960 required commercial agricultural companies that purchased or used more than 5 pounds or 15 gallons of any restricted-use pesticide to disclose the type of pesticides used and growth of genetically modified organisms.
The law also required seed companies to establish buffer zones near dwellings, medical facilities, schools, parks, public roadways, shorelines and waterways.
Initially, the law had been scheduled to take effect on Aug. 16.
