Suit on GMO ban might await outcome of farm legislation

A federal judge is considering delaying proceedings in a lawsuit challenging Maui’s ban on the cultivation of genetically modified organisms because of legislation that could affect the outcome of the case.

The lawsuit before U.S. District Chief Judge Susan Oki Mollway challenges a Maui County law created when voters passed a ballot initiative last year. The law imposes a moratorium on GMO crops until scientific studies are conducted on their safety and benefits.

Seed crop producers Monsanto Co., Maui County businesses, farmers, individuals and the Valley Isle’s Hawaii Farm Bureau Federation sued the county in November to block enforcement of the initiative. The county agreed not to enforce the ordinance until after the court decides the matter.

Mollway on Monday rescheduled oral arguments to March 31 because at the Tuesday hearing she wanted to discuss the possible effect of pending legislation.

Two bills would prohibit the counties from enacting any laws that limit the agricultural practices of farmers and ranchers, and the plaintiffs and county told Mollway they would agree to allowing an extention of the injunction until after the Legislature adjourns May 7.

However, lawyers for the SHAKA Movement, which put the GMO initiative on the ballot, said Maui voters have waited long enough.

Mollway gave SHAKA lawyers until Friday to file a brief on why she should not extend the injunction and delay deciding the case. She told both sides to be prepared to argue their positions March 31.