LIHUE — A federal judge is allowing the Center for Food Safety and Earthjustice to intervene as defendants in the legal challenge of Ordinance 960 by Kauai’s four biotech seed corporations. Andrew Kimbrell, founder and executive director of CFS, said
LIHUE — A federal judge is allowing the Center for Food Safety and Earthjustice to intervene as defendants in the legal challenge of Ordinance 960 by Kauai’s four biotech seed corporations.
Andrew Kimbrell, founder and executive director of CFS, said U.S. District Court Magistrate Judge Barry Kurren’s ruling Monday would permit Westside community members directly impacted by the industry’s farming practices to be parties in the lawsuit.
“We’re delighted,” he said of the result. “(It’s) a victory for those who have been most harmed by these toxins.”
Syngenta, BASF, DuPont Pioneer and Agrigenetics Inc., a company affiliated with Dow AgroSciences, are suing the County of Kauai in an attempt to block implementation of Ordinance 960 — a law formally known as Bill 2491 that allows the county to monitor pesticide use and genetically modified crops.
The companies filed suit in January. In response, the county hired outside counsel of McCorriston Miller Mukai MacKinnon LLP to defend the law. Monday’s ruling means additional legal representation should join the court case.
“The judge said specifically that he wanted to include the perspective and voices of the people in Kauai who were being affected,” Kimbrell said. “So that’s very, very encouraging, and we’re pleased to bring the intervention on behalf of the people on Kauai.”
The companies said the law, passed in November by the County Council via a mayoral veto override, violates the United States and Hawaii constitutions, multiple federal and state laws and the Kauai County Charter. They’ve asked the court to declare the law invalid.
Mark Phillipson, spokesman for Syngenta on Kauai, said he was surprised to learn about Monday’s ruling, but that it doesn’t change his company’s position.
“The ruling in this matter doesn’t affect the merits of our case and we will continue to pursue it vigorously,” he said.
Kauai County Councilman Gary Hooser, who introduced Bill 2491 in June, called it a “big win for the people of Kauai.”
“The court made a clear and strong statement that the voice of the community is important,” he said. “While there is still much work ahead, the court’s decision to grant the request by Earthjustice and the Center for Food Safety to intervene on behalf of local residents is a huge milestone that we should all celebrate.”
The judge listened to arguments Monday regarding the motion to intervene filed in February by a coalition of Kauai residents and public interest groups, represented by CFS and Earthjustice. The coalition includes CFS, Pesticide Action Network North America, Surfrider Foundation and the citizen group Ka Makani Hoopono, which means “The Wind That Makes Right.”
A second scheduling hearing in the case of Syngenta Seeds, Inc. vs. County of Kauai is scheduled for Thursday, according to Kimbrell.
Ordinance 960, slated to take effect in August, requires companies that use above a certain threshold of restricted use pesticides to disclose their use of all pesticides and the presence of genetically modified crops, as well as establish buffer zones around sensitive areas. It also requires the county to complete a health and environmental impact study of the industry.
• Chris D’Angelo, environment writer, can be reached at 245-0441 or cdangelo@thegardenisland.com.
