This is good news!
On Friday the U.S. Court of Appeals for the Ninth Circuit issued its decisions on whether federal and Hawai’i state laws preempt Hawai’i counties’ authority to regulate genetically engineered crops and pesticide use. They ruled that federal law, specifically the ‘Plant Protection Act’ DOES NOT prohibit states and counties from passing local laws to regulate and ban commercially-grown GE crops. With its decision, the court recognized the potential harm to non-GE farmers crops AND the environment.
However, the other ruling was that under Hawai’i law, counties and municipalities cannot regulate GE crops (like other states do) because Hawai’i state law places that authority in the hands of the State alone.
But again, this is good news!
From the article:
“Today’s decision to allow states and counties to ban or regulate GE crops is an important victory for GE-free seed sanctuaries and small communities and farmers around the country,” George Kimbrell, senior attorney for the Center for Food Safety, said.”
But, the court also declared some troubling things:
- The regulation of commercialized crops, both of GE and traditional varieties, remains within the authority of state and local governments.
- The USDA alone can regulate field trials and experimental GE crops; neither states or local governments can ban/approve.
That second part is particularly troubling to communities in Hawai’i because the field trials and associated pesticide use in Hawai’i pose significant risks to local citizens and the precious environment.
More from the article:
“We’re disappointed that the court misinterpreted Hawai’i law and concluded the Hawai’i legislature decided Hawai’i counties lack any such authority,” Earthjustice attorney Paul Achitoff said. “The legislature did not, and the decision leaves Hawai’i unprotected from the harms the Ninth Circuit acknowledged. We believe that when Hawai’i’s state courts have an opportunity, they will reject the Ninth Circuit’s conclusion on this point and allow Hawai’i’s people to protect themselves, since the State certainly hasn’t protected them.”
The Center for Food Safety and Earthjustice attorneys will continue to analyze the entire court decision to make sure there aren’t other options they could pursue, that would protect Hawai’i’s people, farms and the environment.
As always, we will continue to keep you up to date on any changes.
Source: Eco Watch
