Syngenta Seeds, Inc. v. County of Kauai

OPINION CALLAHAN, Circuit Judge:

Kauai County passed Ordinance 960 to regulate pesticides and genetically engi neered (GE) plants. The Ordinance requires commercial farmers to maintain “buffer zones” .between crops to which pesticides are applied and certain smrounding properties, provide notifications before and after applying pesticides, and file annual reports disclosing the cultivation of GE crops. We must decide whether Ordinance 960’s pesticide provisions are impliedly preempted by Hawaii state law, as the district court held below. 1 Applying the Hawaii Supreme Court’s “ ‘comprehensive…