Syngenta Seeds, INC. et al v. County of Kauai

Reference :

1:14-cv-00014-BMK

Complaint date :

April 23, 2014

Status :

Final judgment

Place of jurisdiction :

United States, Hawaï

Plaintiffs types :

Economic stakeholders

Plaintiffs names :

Syngenta Seeds, Inc., Syngenta Hawaii, LLC, Pioneer Hi-Bred International, Inc., Agrigenetics, Inc., BASF Plant Science LPs’

Defendants :

County of Kauai (Hawaii)

Lawyers for Health and Environmental Justice :

No description

Case nature :

Arbitration court

Type(s), Product(s), Active substance(s) :

, Fungicide, Herbicide

Requests :

Plaintiffs seek to invalidate Ordinance 960, which was enacted by the County and imposes regulations on the application of restricted use pesticides and the planting of genetically modified crops.

Name of the Court :

District Court of Hawaï, United States

Jurisdiction level :

Decision date :

August 25, 2014

Decision nature :

Negative

Decision content :

The Court concludes that Kauai County's Order 960 is pre-empted by state law and denies defendant's motion to dismiss.

Legal basis :

Court Ruling :

Link to the ruling

Summary :

The plaintiffs claim that the county does not have the legislative authority to make an ordinance regulating agriculture. They argue that the pre- and post-PR disclosure requirements and the pesticide buffer zone provisions of Order 960 are pre-empted by the Hawaii Pesticides Law. The court denies defendant's motion to dismiss.

Scientific references :

No scientifice reference for this case.