Anti-GMO activists addressed the 9th U.S. Circuit Court of Appeals in Honolulu this week, in an effort to regulate GMO crops in three counties, reports The Seattle Times. The activists from Maui, Hawaii and Kauai, say they fear the pesticide use that comes with GMO production. All three counties have passed legislation limiting or outright banning GMOs. But after Monsanto and Dow Chemical sued in response, U.S. Magistrate Judge Barry Kurren ruled in 2014 that state and federal laws supersede county legislation, making the anti-GMO laws null and void.
“Lawyers representing the counties argued that state laws do not specifically address genetically engineered crops relevant to the proposed regulations. The counties, which have policing powers to protect their residents, assert that they have the right and obligation to regulate the industry,” says the Times. “They also argued that the Hawaii Supreme Court should have taken up the issue as there is no written opinion specifically on genetically engineered crops in the state.”
Ag companies claim that they aren’t opposed to regulation, but that the State Department, rather than the counties, should be responsible for monitoring their businesses. In Kauai, county officials want ag companies to publicize when they are spraying pesticides and how much. Companies have said that doing so would make them vulnerable to vandalism and espionage.