Last week, Syngenta Seeds, Inc., Syngenta Hawai`i, LLC, Pioneer Hi-Bred International, Inc., Agrigenetics, Inc. and BASF Plant Science LP (plaintiffs) filed motions for partial summary judgment in their challenge to Kaua'i County Ordinance 960, which seeks to place unnecessary, burdensome and arbitrary local pesticide and GMO regulations on these companies' farming operations.
The companies seek partial summary judgment in two separate motions.
One motion seeks summary judgment on substantive grounds, involving both state and federal preemption and violations of state and federal constitutional rights.
A second motion seeks summary judgment on procedural grounds, citing violations under Hawai'i statutes and Kaua'i law stemming from the county's flawed legislative process in enacting the ordinance and procedural flaws in the ordinance itself.
The companies request to nullify Ordinance 960 before it takes effect on August 16, 2014.