Maui, Hawai‘i (June 30, 2015) – The SHAKA Movement and the individual proponents of the Maui Ordinance (collectively “SHAKA”) are deeply saddened by the Hawaii District Court’s ruling today holding that the voter approved initiative placing a temporary moratorium on GMO operations until a safety study is completed cannot be enforced.

The Federal District Court ruled today that the Maui Ordinance was preempted by federal law that regulates the importation and movement of noxious weeds and state law that regulates agriculture. The decision today not only ignores the will of the people, but places at risk all state and local regulations that seek to address the harmful impacts associated with GMO operations. The decision invalidates a local ordinance that sought to protect against serious harms caused by these practices. The decision ignores the harms to Maui county and the Hawaii Constitutional mandate placing obligations and duties on the counties to protect the natural environment.

“The District Court’s ruling is a big blow to Maui County voters that adopted this ordinance given the dangers involved with GMO operations,” said Mark Sheehan, spokesperson for SHAKA. “We do intend to appeal this decision and are hopeful that the 9th Circuit will recognize the impact that today’s ruling has on the community.”

Maui is ground zero for the experimental testing of GMO crops. On November 4th, Maui voters approved a voter initiative to temporarily suspend the growth, testing, or cultivation of genetically engineered crops in Maui until an environmental and public health study can show that they are safe. The opposition, almost exclusively backed by Monsanto and Dow, spent $7,970,686.12 on the campaign, $362.22 per vote earned, or $174.43 per total vote cast—the most money that has ever been expended on a local initiative in the State of Hawai‘i.

Following the adoption of the election, Monsanto and Dow immediately sought an injunction in federal court to stop enforcement of the law. The Federal District Court agreed with the injunction, which is currently on appeal with the 9th Circuit. The moratorium has not been implemented based on this injunction, and now the decision on the overall enforceability of the ordinance will be made by the 9th Circuit Court of Appeals.

Michael C. Carroll
Attorney at Law
Bays Lung Rose & Holma
Attorneys at Law
Topa Financial Center
700 Bishop Street, Suite 900
Honolulu, Hawai’i 96813
Telephone: (808) 523-9000
Fax: (808) 533-4184
E-mail: mcarroll@legalhawaii.com