Alika ATAY; Lorrin Pang; Mark Sheehan; Bonnie Marsh; Lei'ohu Ryder; Shaka Movement, (Sustainable Hawaiian Agriculture for the Keiki and the `Aina) Movement, Plaintiffs-Appellants,
v.
COUNTY OF MAUI; Monsanto Company; Robert Ito Farm, Inc.; Hawaii Farm Bureau Federation, Maui County; Molokai Chamber of Commerce; Agrigenetics, Inc.; Concerned Citizens of Molokai and Maui; Friendly Isle Auto Parts & Supplies, Inc.; New Horizon Enterprises, Inc., DBA Makoa Trucking and Services; Hikiola Cooperative; Dow Agrosciences LLC; John Does 1-10; Jane Does 1-10; Doe Partnerships 1-10; Doe Corporations 1-10; Doe Government Entities 1-10, Defendants-Appellees.
Robert Ito Farm, Inc.; Hawaii Farm Bureau Federation, Maui County, "Maui Farm Bureau"; Molokai Chamber of Commerce; Agrigenetics, Inc., DBA Mycogen Seeds; Monsanto Company; Concerned Citizens of Molokai and Maui; Friendly Isle Auto Parts & Supplies, Inc.; New Horizon Enterprises, Inc., DBA Makoa Trucking and Services; Hikiola Cooperative, Plaintiffs-Appellees,
v.
County of Maui, Defendant-Appellee,
Alika Atay; Lorrin Pang; Mark Sheehan; Bonnie Marsh; Lei'ohu Ryder; Shaka Movement, Intervenor-Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 15, 2016, Honolulu, Hawaii.
Before: Sidney R. Thomas, Chief Judge, and Consuelo M. Callahan and Mary H. Murguia, Circuit Judges.
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...
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