Quantcast
GMO

Local Governments Can Prohibit GE Crops, Says U.S. Court of Appeals

The U.S. Court of Appeals for the Ninth Circuit issued its decisions Friday on whether federal and Hawai'i state laws preempt Hawai'i counties' authority to regulate genetically engineered (GE) crops and pesticide use. Of significance to state and local communities throughout the U.S., the Ninth Circuit 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.


"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.

In granting its decision the court recognized potential harm to farmers and environment from the widespread planting of GE crops, asserting, "the cultivation and testing of GE plants raise several well-documented concerns." Notably, the court affirmed, "transgenic contamination has previously caused significant economic impacts on farmers of conventional, non-GE crops."

The court acknowledged as well that "the cultivation of GE crops also may raise environmental concerns, such as harm to beneficial plants and animals caused by the increased use of pesticides sometimes associated with testing and growing GE crops, the proliferation of 'superweeds' and other pests resistant to pesticides, and the reduction of biodiversity." The court went on to declare: "The regulation of commercialized crops, both of GE and traditional varieties, remains within the authority of state and local governments."

At the same time, however, the court ruled that under Hawai'i law, counties and municipalities do not have the authority to regulate GE crops (as some in other states do), and that Hawai'i state law places such authority in the hands of the State alone.

"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 court also ruled that the U.S. Department of Agriculture (USDA) alone has the authority to regulate field trials and experimental GE crops; neither states nor local governments can ban or approve. This is particularly troubling to communities in Hawai'i, since the many field trials and associated pesticide use in Hawai'i poses significant risks to local citizens and the environment

"We are extremely disappointed with the ruling that some experimental GE field trials can only be regulated by USDA, and are considering all legal options. Most importantly, we continue to stand and fight with the people of Hawaiʻi against these chemical companies," Kimbrell said.

Attorneys with Center for Food Safety and Earthjustice, who represented local residents, conservation groups, and Hawai'i County in the proceedings, are analyzing the full scope of the court's decisions and will be considering options that would protect Hawai'i's people, farms and the environment.

"As a mother and a resident of Kekaha, Kauaʻi, I will continue to stand up and protect my family and my community," said Malia Kahale'ina Chun, a mother, educator and Native Hawaiian cultural practitioner. "It is our responsibility to insure that our keiki have access to clean air, clean water and to 'āina that sustains them."

Show Comments ()

EcoWatch Daily Newsletter

Sponsored
Climate
Pexels

The Climate Has Always Changed. Why Is This Time So Much Worse?

By Nexus Media, with Katrin Meissner and Alan C. Mix

A recently released study brought sobering news about the future effects of climate change, predicting they could be twice as bad as current models have projected under a "business-as-usual" scenario—and then some. Even if the world hits its 2 degree Celsius target, the paper—which appeared in the journal Nature Geoscience—warned that sea levels could rise six meters or more, large areas of the polar ice caps could collapse, the Sahara Desert could become green, and tropical forest borders could produce fire-dominated savanna.

Keep reading... Show less
Popular
ZenShui / Laurence Mouton / Getty Images

7 Smokable Plants You Can Grow That Aren’t Marijuana

By Brian Barth

Here's a non-trend that you'd think would be more hip: tobacco-free herbal smoking blends.

Keep reading... Show less
Adventure
"Drowned World," 2018. Michael Wang

Culture Clash: Nature and Civilization Face Off in the Art of Michael Wang

By Patrick Rogers

The rooftop garden of the Swiss Institute Contemporary Art gallery in New York looks much like you'd expect of a newly renovated former bank building in lower Manhattan. Rows of simple aluminum planters line the small rectangular space, sprouting leafy greenery that frames views of the busy streets below.

Keep reading... Show less
Climate
A train at Metro-North Railroad's Croton-Harmon station, in the aftermath of Hurricane Sandy on Oct. 30, 2012. Metropolitan Transportation Authority of the State of New York / CC BY 2.0

The Big Apple Loses to Big Oil as Judge Dismisses Climate Liability Suit

A federal judge ruled on Thursday in favor of a motion by five big oil companies to dismiss a lawsuit brought against them by New York City, which demanded they pay the costs of adapting the city's infrastructure to climate change, The New York Times reported.

The ruling comes nearly a month after a federal judge in San Francisco dismissed a similar case brought by the cities of Oakland and San Francisco.

Keep reading... Show less
Sponsored
GMO
Brian Smith and his cousin Hughes, both fifth generation soybean farmers in Mississippi County, Arkansas, stand in soybean fields their family tend to that show signs of having been affected by dicamba use in August, 2017. Getty Images

New Dicamba Drift Estimate: 1.1 Million Acres Damaged Already in 2018

A University of Missouri report released Thursday estimates that drift damage from the pesticide dicamba has occurred across 1.1 million acres of agricultural crops, trees and other plants so far this year.

This comes less than a year after the U.S. Environmental Protection Agency (EPA) and many states introduced additional restrictions meant to prevent off-target damage from the pesticide. Last year dicamba drift wreaked havoc on a reported 3.6 million acres of soybean crops not genetically engineered to resist the notoriously drift-prone pesticide.

Keep reading... Show less
Energy
Andreas Gücklhorn

Most Popular Energy Source? Everyone Loves Solar

By John Rogers

A recent survey shows yet again that solar panels (and wind turbines) have a level of bipartisan popularity that would be the envy of any politician. That means we'll have something safe to talk about at the next barbecue after all.

Keep reading... Show less
Sponsored
Climate
Moon with orange-colored troposphere band, the lowest and most dense portion of the earth's atmosphere. NASA

‘Powerful Evidence’ of Global Warming’s Effect on Seasons Found in Troposphere

By Daisy Dunne

Scientists studying the troposphere—the lowest level of the atmosphere—have found "powerful evidence" that climate change is altering seasonal temperatures.

A study published in Science finds that climate change has caused an increase in the difference between summer and winter temperatures across North America and Eurasia over the past four decades.

Keep reading... Show less
Health
Susan Hedman, administrator of EPA's Region 5 during the Flint water crisis, testifies before congress. Mark Wilson / Getty Images

EPA Watchdog Finds Agency Failed in Flint Water Crisis

A report by the U.S. Environmental Protection Agency (EPA) internal watchdog organization published Thursday argued that the EPA needed to step up its monitoring of state drinking water in the aftermath of the Flint, Michigan water crisis, CBS reported.

Keep reading... Show less
Sponsored

mail-copy

The best of EcoWatch, right in your inbox. Sign up for our email newsletter!