Legal Opinion
Robert Ito Farm, Inc. v. County of Maui
District Court, D. Hawaii
Decided June 30, 2015No. Civil Nos. 14-00511 SOM/BMK, 14-00582 SOM/BMKPublishedCited by 3 opinions
1Opinion of the Court
ORDER DETERMINING THAT THE COUNTY OF MAUI GMO ORDINANCE IS PREEMPTED AND EXCEEDS THE COUNTY’S AUTHORITY
SUSAN OKI MOLLWAY, Chief Judge.
I. INTRODUCTION.
Is a County of Maui Ordinance banning genetically engineered (“GE”) activities and/or genetically modified organisms (“GMOs”) preempted by federal and/or state law? Does the Ordinance exceed the County’s authority? Those are the questions that the present order addresses.
As this court noted at the hearing on the motions now before the court, none of the motions asks this court to determine whether GE activities or GMOs are good, bad, beneficial,…
2Cases cited29 opinions
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- First Nat. Bank of Ariz. v. Cities Service Co.Supreme Court of the United States · 1968
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Gibbons v. OgdenSupreme Court of the United States · 1824
24 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Alika Atay v. County of MauiCourt of Appeals for the Ninth Circuit · 2016
- Laurie Bolos, et al. v. Waldorf=Astoria Management LLC Operating as Grand Wailea, a Waldorf Astoria Resort; et al.District Court, D. Hawaii · 2025
- Laurie Bolos, et al. v. Waldorf=Astoria Management LLC Operating as Grand Wailea, a Waldorf Astoria Resort; et al.District Court, D. Hawaii · 2025