A federal judge ruled against a new law in Hawaii curbing
genetically modified crops, handing a victory to seed and chemical
companies in a battle over modern agricultural techniques.
Units of DuPont Co., Syngenta AG, Dow Chemical Co. and BASF SE
won a judgment in the U.S. District Court for the District of
Hawaii, blocking an ordinance adopted last November by the island
of Kauai, according to a court order dated Aug. 23 and filed
Monday.
The dispute came amid a series of legal challenges and
legislative efforts aimed at restricting the proliferation of
genetically modified crops, and requiring labels for foods and
beverages made from them, with critics warning of environmental
damage from pesticides and potential consumer health risks.
Most large food and seed companies have fought such efforts,
arguing there is no evidence of health problems resulting from GMO
foods and that farm chemicals are used judiciously.
The companies, which make pesticides and seeds genetically
engineered to withstand them, sued in January to overturn Kauai
County's law, which would have required disclosure of some
pesticide use and genetically modified crop cultivation, and
restricted some crop-growing and pesticide use near schools and
nursing homes. Seed company officials argued that the law exceeded
the island's authority and would have placed "burdensome and
baseless restrictions' on farming businesses.
Environmental advocates in Hawaii, where year-round growing
conditions for decades have drawn seed and chemical companies to
test products, have raised fears that biotech plants could spread
to organic farms via wind or insects, and that seed and pesticide
makers won't detail their chemical use on Kauai. Together the
companies lease more than 11,000 acres for test farms and research
facilities on Kauai, the fourth-largest Hawaiian island.
U.S. Magistrate Judge Barry Kurren, in his judgment, wrote that
"the Ordinance is pre-empted by state law and is therefore
invalid," and blocked Kauai from implementing or enforcing the
law.
"This issue is far from over," said Gary Hooser, a Kauai council
member who co-introduced the bill. "One opinion from one federal
magistrate does not settle the issue."
Mr. Hooser said he supported appealing the ruling, although the
full Kauai county council must make such a decision. The bill
passed in November after council members overrode a veto by the
island's mayor.
"By denying Kauai's law, the judge undermined efforts to create
more transparency and more protections for farmers, workers and
families from hazardous pesticides," said Paul Towers, spokesman
for the Pesticide Action Network, which supported Kauai County in
the case. Mr. Towers said the group still was reviewing the order
and would "explore all available options' to defend Kauai.
The seed and chemical companies were pleased with the ruling,
according to a joint statement.
Write to Jacob Bunge at jacob.bunge@wsj.com
Subscribe to WSJ: http://online.wsj.com?mod=djnwires