Hawai'i Papaya Industry Assn. v. County of Hawaii

MEMORANDUM

In this action, Plaintiffs-Appellees (collectively, the GE Parties) challenge Hawaii County Ordinance 13-121, which regulates genetically engineered (GE) plants. The district court granted summary judgment in Plaintiffs’ favor, holding that Ordinance 13-121 is impliedly preempted under state law and expressly preempted, in part, by federal law. Defendant-Appellant County of Hawaii appealed. We affirm.

I.

Our concurrently filed opinion in Atay v. County of Maui, Nos. 15-16466, 15-16552, sets forth in greater detail the legal basis that controls this decision. Atay involves substantially similar facts in relevant part.

The County of Hawaii’s (County) Ordinance bans “open air testing of genetically engineered organisms of any kind” and “open air cultivation, propagation, development, or testing of genetically engineered crops or plants.” Haw. Cty. Code (HCC) §§ 14-130, 14-131. The purposes of the Ordinance are to prevent cross-pollination from GE plants to non-GE plants and to preserve Hawaii Island’s vulnerable ecosystem “while promoting the cultural heritage of indigenous agricultural practices.” HCC § 14-128.

The GE Parties challenge the Ordinance on two grounds:…