June 15th: 9th Circuit Court Hearing on Hawai’i GMO Cases

06-15-16 Update to Federal Court Case

On Wednesday the Shaka Movements Appeal of the Federal District Court decisions 1st prohibiting the County from implementing the ordinance we voted for, and then finding that we supposedly did not have the authority to decide this in the first place reached the Ninth Circuit Court of Appeals. The Ninth Circuit Court hears appeals from cases that originate in the States of Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington as well as other territorial courts of U.S. Jurisdiction in the Pacific. Of the Appeals Courts, one step below the United States Supreme Court, they are considered very influential.

The same three judge panel who had selected to hear the appeal also was hearing appeals from Kauai County and Hawaii County – all of which represented different strategies that were advanced by the people of Hawaii in response to community concerns related to the presence of large scale open air, experimental, industrial chemical pesticide use on the islands and development of new plants with high levels of tolerance to these poisons as food crops. Although the strategies and facts of each case are unique the same Federal Court, based in Hawaii invalidated.. Read the full update here

Watch the hearing below.

 Other cases on this video
Part1 Syngenta Seeds, Inc. v. County of Kauai – The County of Kauai and others appeal the district court’s order entered in favor of Syngenta Seeds, Inc. and others in an action challenging Kauai’s County Ordinance 960 which regulates pesticides and genetically modified organism crops.
Part 2 Hawai’i Papaya Industry Assn. v. County of Hawaii – An appeal from the district court’s summary judgment and permanent injunction against enforcement of Hawaii County Ordinance 13-121, which governs testing and cultivation of genetically engineered crops.
Part 3 Robert Ito Farm, Inc. v. County of Maui – Appeal from an order denying intervention in an action brought by Monsanto Company and others challenging a Maui ordinance prohibiting the cultivation of genetically modified organisms pending further review.
Part 4 Video starts here Alika Atay v. County of Maui – Alika Atay and other ballot proponents of a Maui ordinance which establishes a temporary moratorium on the cultivation of genetically engineered organisms, appeal from the district court’s summary judgment in an action challenging the ordinance.


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