Organic Advocacy Group Sues USDA

Written by Stephen Kenney

On August 25, 2015, the Center for Food Safety (CFS) filed suit against the USDA Animal and Plant Health Inspection Service (APHIS) for violating the Freedom of Information Act (FOIA).  CFS sought records from APHIS related to the proposed Plant Protection Act Regulations.  CFS requested in its complaint that the court order APHIS to disclose all the non-exempt records that CFS requested. CFS is a non-profit entity that advocates for and promotes organic and similar types of agriculture production.  APHIS is tasked with regulating genetically engineered organisms which it does under the Plant Protection Act.

CFS alleged in the complaint that APHIS has routinely violated FOIA when CFS has requested information regarding APHIS’s oversight of GE crops.  In addition to the disclosure of the requested documents, CFS seeks a court declaration that APHIS has a pattern of failing to timely respond to CFS’s FOIA requests and to order APHIS to make amendments to its FOIA Handbooks and procedures to ensure compliance with FOIA in the future.

APHIS published its proposed updated GE crop regulations in 2008.  The proposal was officially withdrawn on March 4, 2015.  CFS made a FOIA request about the decision when the group first learned that APHIS was planning to withdraw the proposed updated GE regulations in December 2014.  Nine months later, CFS had not received any records from APHIS.  CFS claimed that this is not an isolated incident and that it has made dozens of FOIA requests to APHIS regarding the regulation of GE crops since 2002.  CFS further claimed that APHIS had failed to respond timely to twenty-nine of those claims.  

Federal Court Overturns Maui Ban on GMO Cultivation

On June 30, 2015, the United States District Court for the District of Hawaii struck down a Maui County Ordinance that placed a moratorium on the cultivation of GMO crops within the county.

The ordinance was originally enacted in November of 2014 making it unlawful for “any person or entity to knowingly propagate, cultivate, raise, grow or test Genetically Engineered Organisms within the County of Maui…” According the text of the ordinance, the ordinance was meant to protect resources from transgenic contamination, protect the economic integrity of organic and non-GMO markets, protect against “hazardous aspects” of GMO production, preserve the right to reject GMO operations for “health-related, moral, or other concerns”, and to preserve county resources while promoting cultural heritage of the area. The moratorium was meant to remain in effect until Environmental and Public Health Impacts Studies had been conducted on the practices or crops in question.  

The ordinance was challenged as being preempted by federal and state laws, and going beyond the county’s authority. Concerning federal preemption, the court found that the ordinance was expressly preempted by the Plant Protection Act (PPA) by attempting to ban all GMO crops, even those covered by the PPA. According to the court, the ordinance is also implicitly preempted by frustrating the purpose of the PPA via interference with the establishment of a national standard for movement in interstate commerce.

Concerning state preemption, the court found that the ordinance interfered with a preexisting statutory scheme of regulations within the state. Further, the court found that the ordinance is beyond the county’s authority, as violations of the ordinance carry a financial penalty greater than the amount allowed in the adopted Maui charter.

This case is the third of its kind within the state of Hawaii, with other cases occurring with similar ordinances in Hawaii and Kauai counties, with both cases being resolved on preemption claims.

Written by Tyler R. Etter- Research Assistant
July 6, 2015