Legal Opinion
Alika Atay v. County of Maui
Court of Appeals for the Ninth Circuit
Decided November 18, 2016No. 15-16466, 15-16552PublishedCited by 41 opinions
1Opinion of the Court
OPINION
CALLAHAN, Circuit Judge:
The citizens of Maui County voted into law an ordinance banning the cultivation and testing of genetically engineered (GE) plants. We must decide whether the ban is preempted by federal and state law, as the district court held below. We hold that the ordinance is expressly preempted by the Plant Protection Act, 7 U.S.C. § 7756(b), to the extent that it bans GE plants that the U.S. Animal and Plant Health Inspection Service (APHIS) regulates as plant pests. We hold that the ban is not impliedly preempted by the Plant Protection Act in its application to GE crops…
2Cases cited40 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Shaw v. Delta Air Lines, Inc.Supreme Court of the United States · 1983
- Clapper v. Amnesty International USASupreme Court of the United States · 2013
35 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- In re Chrysler-Dodge-Jeep Ecodiesel Mktg.District Court, N.D. California · 2018
- Dialysis Newco, Incorporated v. Commty Hlth Sys TrCourt of Appeals for the Fifth Circuit · 2019
- Christina Webb v. Trader Joe's CompanyCourt of Appeals for the Ninth Circuit · 2021
- Intl Brotherhood of Teamsters v. FmcsaCourt of Appeals for the Ninth Circuit · 2021
- R.J. Reynolds Tobacco Company v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2022
36 more not listed; retrieve them via the Exa API.