HONOLULU—A federal judge ruled Tuesday that a Maui County ban on
the cultivation of genetically engineered crops is pre-empted by
federal and state law and invalid.
The county's ordinance creating the prohibition exceeded the
county's authority, U.S. District Court Chief Judge Susan Oki
Mollway said in her order.
The county, which is a major center for research on genetically
engineered crops, will abide by the decision, spokesman Rod Antone
said. Monsanto Co. and Dow Chemical Co. unit Agrigenetics Inc. both
have research farms in the county.
The judge stressed that her order addresses only the legal
question of county authority. "No portion of this ruling says
anything about whether GE organisms are good or bad or about
whether the court thinks the substance of the ordinance would be
beneficial to the county," she said.
Maui voters passed the ordinance when they approved a ballot
initiative last November. The measure imposes a moratorium on the
growing of genetically engineered crops until scientific studies
are conducted on their safety and benefits. The ordinance would
only allow the moratorium to be lifted after a vote by the Maui
County Council.
Mark Sheehan, one of five citizens who sponsored the ballot
initiative, said his group will appeal the order. He expressed
disappointment that Judge Mollway ruled on what he called
procedural issues instead of addressing the substance of their
argument.
He said the ordinance was specifically written to address issues
not found in state statute. Further, he said the law requires the
county to protect the health of the environment and the public,
said Mr. Sheehan, who is a member of the group Sustainable Hawaiian
Agriculture for the Keiki and the Aina Movement, or SHAKA.
"That was lost on the judge, so we will have to move along and
have to find justice for the constitutional rights of the people of
Maui at another level," he said.
Hawaii's year-round warm weather makes the islands a favorite
research spot for companies that use genetic engineering to develop
new types of corn and other crops. The weather allows researchers
to grow more generations of crops and accelerate their development
of new varieties.
Monsanto has two farms in Maui County, on Maui and Molokai
islands. Agrigenetics, which does business as Mycogen Seeds, has a
farm on Molokai.
There has been little scientific evidence to prove that foods
grown from engineered seeds are less safe than their conventional
counterparts. But fears persist in Hawaii and elsewhere. In the
islands, these concerns are compounded by worries about the
companies' use of pesticides.
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