COM 0271.146 2012-2014 - Laserfiche WebLink

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(23) The council recognizes that supporters of the genetically modified related biotech industry seek to pass various federal and state bills to prevent the local regulation ("home rule") of agriculture generally and in particular over agricultural use genetically modified organisms, but believes there is no current federal or state law that preempts this ordinance, and knows of no court case to the contrary; (24) The council is aware that the cultivation of genetically modified crops generally requires the application of significant amounts of herbicides, in particular glyphosate also known by its trade name Roundup, and that the use of glyphosate may be a source of water pollution. Round-up also degrades soil health, killing the microbial life of the soil, and is known to then release carbon from the soil into the air as those organisms die.; and (25) As discussed in the United States Department of the Interior technical announcement dated August 29, 2011 entitled "Widely Used Herbicide Commonly Found in Rain and Streams in the Mississippi River Basin", glyphosate has been detected in surface waters, streams, rain, and even in the air in the areas were it is commonly used. Given the potential for water pollution by glyphosate as used in connection with the cultivation of genetically modified crops, and in light of the precautionary principle, the council finds any restriction on nuisance suits to be inapplicable. Section 14-_. Authority. The authority to impose long-term health and environmental sustainability standards is granted to counties by: (1) The Hawai`i Revised Statutes, Section 46-1.5(13), which states: "Each county shall have the power to enact ordinances deemed necessary to protect health, life, and property, and to preserve the order and security of the county and its inhabitants on any subject or matter not inconsistent with, or tending to defeat, the intent of any state statute where the statute does not disclose an express or implied intent that the statute shall be exclusive or uniform throughout the State."; (2) The Hawai`i State Constitution, Article XI, Section 9 "Environmental Rights," which states: "Each person has the right to a clean and healthful environment, as defined by laws relating to environmental quality, including control of pollution and conservation, protection and enhancement of natural resources. Any person may enforce this right against any party,public or private, through appropriate legal proceedings, subject to reasonable limitations and regulation as provided by law."; (3) The United States Constitution, and the 9th Amendment to the United States Constitution, which recognize and secure the fundamental and inalienable right of people to govern themselves; and 5