SHAKA  APPEALS TO THE NINTH CIRCUIT FOR RELIEF FROM THE INJUNCTION TO STOP THE ONGOING HARMS CAUSED BY GMO OPERATIONS

Maui, Hawai’i (May 4, 2015) – The five residents of Maui County, Dr. Lorrin Pang, Mark Sheehan, Lei[ohu Ryder, Bonnie Marsh, Alika Atay, and the SHAKA Movement (collectively “SHAKA”), the original proponents of the GMO Ordinance on Maui, filed their Opening Brief with the Ninth Circuit on April 30, 2015.   SHAKA is appealing to the Ninth Circuit Court of Appeals to have the Court direct the federal District Court in Honolulu to hold an evidentiary hearing before continuing the injunction delaying the Maui moratorium on GMO operations.  In its Opening Brief, SHAKA argued that the District Court abused its discretion when it agreed to continue the injunction that was entered into by an agreement between Monsanto, Dow, and the County of Maui.  The District Court denied SHAKA’s request for an evidentiary hearing and limited SHAKA’s opposition to a 2,500 word brief that was due within three days.

“The continuance of the injunction sends a chilling message to Maui County voters: your health concerns are secondary to industry profits, and your voting rights are secondary to the power of corporations to deny implementing your ordinance,” said Mark Sheehan, spokesperson for the citizen group. “The ordinance we enacted needs to be enforced immediately.  We hope the Ninth Circuit will uphold Hawaii voting rights and respect our need for a healthy environment.”

This appeal comes in the wake of the World Health Organization’s report published on March 20, 2015 finding that glyphosate, the active ingredient in Monsanto’s Roundup, is a “probable carcinogen to humans,” and the American Cancer Society’s listing of glyphosate as a Group IIA carcinogen.  Monsanto has developed and widely marketed genetically modified crops that are resistant to high levels of glyphosate.  Monsanto and Dow use Maui County as their testing field to develop genetically modified crops such as crops that are genetically designed to resist glyphosate.  The health risks associated with these practices on Maui have never been evaluated.

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.

The moratorium has not been implemented based on an injunction that was originally entered into by agreement between Monsanto, Dow, and the County of Maui, which has now been extended until the District Court rules on the merit.  This injunction will remain in place unless the Ninth Circuit reverses the District Court.