Councilmember Wille says its "time to stand up for our home rule GMO ordinance."
HAWAII COUNTY COUNCIL agenda item for December 17, 2014
Res. 22-14: ADVISES THE CORPORATION COUNSEL TO APPEAL UNITED STATES MAGISTRATE JUDGE BARRY KURREN’S RULING ON ORDINANCE NO. 13- 121 – Advises the Corporation Counsel to appeal Magistrate Judge Barry Kurren’s ruling with regard to regulating the open air cultivation, propagation, development. or testing of genetically engineered crops or plants.
On November 26, U.S. Magistrate Judge Barry Kurren ruled in favor of a group of plaintiffs seeking to invalidate Hawaii County Ordinance 13-121, a law passed in 2013 restricting the cultivation of new Genetically Modified Organisms on Hawaii Island. “Time to stand up for our home rule GMO ordinance,” Wille wrote in a recent newsletter.
At the same Dec. 17 meeting, the Council anticipates convening an executive session regarding the federal court ruling.
RELATED VIDEO
A recent discussion in Council Committee with Senator Russell Ruderman. This took place before the Nov. 26 federal court ruling.
RESOLUTION 22-14
A RESOLUTION ADVISING THE CORPORATION COUNSEL TO APPEAL UNITED STATES MAGISTRATE JUDGE BARRY KURREN’S RULING ON ORDINANCE NO. 13-121.
WHEREAS, the Hawai‘i County Charter, per Section 6-5.1, provides that the Corporation Counsel is the County’s “chief legal advisor and legal representative”; and
WHEREAS, the Hawai‘i County Charter, per Section 3-1, provides that the County Council is charged with “public policy formulation, as distinct and separate from the executive administration of county government”; and
WHEREAS, the Corporation Counsel is responsible to the County Council where settlement or litigation becomes an issue, such that the Council is the ultimate decision-making branch of the County when a question concerning an appeal or a settlement versus litigation arises; and
WHEREAS, Ordinance No. 13-121 established provisions regulating the open air cultivation, propagation, development, or testing of genetically engineered crops or plants; and
WHEREAS, the County’s position has been that Ordinance No. 13-121 is not preempted by State or Federal law; and
WHEREAS, when asked to opine on whether Ordinance No. 13-12] was preempted by State or Federal law, State Attorney General David Louie took the position that Ordinance No. 13-121 is not preempted by State or Federal Law; and
WHEREAS, recent attempts to enact State legislation to prohibit County regulation of matters relating to health and agriculture – which would include matters relating to cultivation of genetically engineered crops, have failed; and
WHEREAS, in Hawai‘i Floriculture and Nursery Association, Et Al vs. County of Hawai‘i, CIV. No. 14-00267 BMK, Magistrate Barry Kurren’s found that state law fully preempts County regulation of genetically engineered crops and plants and therefore Ordinance No. 13-121 is illegal
WHEREAS, the decision in this case largely relies on the reasoning in Syngenta Seeds, Inc v. County of Kauai, Civil No. 14-00014 (D. Haw. Aug. 25, 2014), and that case is now under appeal by the County of Kaua‘i; and
WHEREAS, the Council believes the County should appeal Magistrate Judge Barry Kurren’s ruling on Ordinance No. 13-121; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI‘I that the County appeal United States Magistrate Judge Barry Kurren’s ruling on Ordinance No. 13-121.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Honorable William P. Kenoi, Mayor, County of Hawai‘i; and the Office of the Corporation Counsel.
Where:
West Hawai‘i Civic Center
74-5044 Ane Keohokélole Highway, Building A
Kailua-Kona, Hawai‘i
by Big Island Video News2:09 pm
on at
STORY SUMMARY
Councilmember Wille says its "time to stand up for our home rule GMO ordinance."
HAWAII COUNTY COUNCIL agenda item for December 17, 2014
Res. 22-14: ADVISES THE CORPORATION COUNSEL TO APPEAL UNITED STATES MAGISTRATE JUDGE BARRY KURREN’S RULING ON ORDINANCE NO. 13- 121 – Advises the Corporation Counsel to appeal Magistrate Judge Barry Kurren’s ruling with regard to regulating the open air cultivation, propagation, development. or testing of genetically engineered crops or plants.
Reference: Comm. 21
Intr. by: Ms. Wille
Waived: AWESC
INSIGHTS
On November 26, U.S. Magistrate Judge Barry Kurren ruled in favor of a group of plaintiffs seeking to invalidate Hawaii County Ordinance 13-121, a law passed in 2013 restricting the cultivation of new Genetically Modified Organisms on Hawaii Island. “Time to stand up for our home rule GMO ordinance,” Wille wrote in a recent newsletter.
At the same Dec. 17 meeting, the Council anticipates convening an executive session regarding the federal court ruling.
RELATED VIDEO
A recent discussion in Council Committee with Senator Russell Ruderman. This took place before the Nov. 26 federal court ruling.
RESOLUTION 22-14
Where:
West Hawai‘i Civic Center
74-5044 Ane Keohokélole Highway, Building A
Kailua-Kona, Hawai‘i
When:
December 17, 2014
9:00 am.
LINK: Other Items on Dec. 17 Council Agenda via Big Island Video News
LINK: Full Agenda via Hawaii County