The Hawaii Tribune-Herald has this report. Excerpt:

The Hawaii County Council voted 5-4 Wednesday to appeal a federal judge’s ruling striking a law that restricts genetically modified crops on the island.

“This is an important decision with far-reaching impact on home rule,” said Kohala Councilwoman Margaret Wille, author of the original bill limiting GMO. “It’s not just about GMO.”

Puna councilmen Greggor Ilagan and Danny Paleka joined Hilo councilmen Dennis “Fresh” Onishi and Aaron Chung on the no votes. They cited concerns for local farmers and a reluctance to enter what could be lengthy litigation.

The county ordinance bans growing GMO crops in open-air conditions, with some exceptions.

U.S. Magistrate Judge Barry Kurren invalidated the county law in a Nov. 27 order, saying state law pre-empts county law on the issue. He said lawmakers intended the state to have broad oversight of agricultural issues in Hawaii. …

The Tribune-Herald says that national nonprofit environmental advocacy groups Earthjustice and the Center for Food Safety are interested in representing the county at no charge.

Paul Achitoff, managing attorney for Earthjustice mid-Pacific regional office, disagreed that state law pre-empts county law on this issue, “saying the state law the judge referred to was written well before GMO came to the state, so there was no legislative intent to cover GMO in the law.”

Waipio Beach on the Big Island.

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