Oregon’s Josephine County will not enforce its prohibition against genetically engineered crops while a farmer lawsuit against the ordinance is underway.
The county counsel, Wally Hicks, has notified the attorney for sugarbeet growers Robert and Shelley Ann White that enforcement will be stayed as they seek to overturn the ban, which was passed by voters last year.
The couple contends that Oregon lawmakers pre-empted most local governments from regulating genetically modified organisms as part of a bill passed in 2013 and have requested a permanent injunction against Josephine County’s ban.
John DiLorenzo, attorney for the growers, said he agreed not to seek a temporary restraining order against the ordinance as long as the county consented to forgo enforcement.
“Both sides have to spend less time and less expense,” he said.
The situation would likely change if Josephine County does take action against biotech farmers before the lawsuit is resolved, he said.
“I could fire up again, but I take them at their word,” DiLorenzo said.
Biotech farmers were also required to report their crops, location and “phase-out” plans to the county sheriff, according to the notice. That reporting requirement is also stayed under the recent agreement.
In their lawsuit, the Whites claim they were planning to cultivate sugarbeets in a leased field but were prevented from doing so when the county announced the GMO ban would go into effect Sept. 4.
Josephine County’s decision, however, has not convinced the couple to plant transgenic sugarbeets because they don’t want to place themselves “in harm’s way,” DiLorenzo said.
Farmers who do have genetically engineered crops, however, don’t have to worry about enforcement actions, he said.
Mary Middleton, who petitioned for the GMO ban, said the county is likely being cautious while the case is being litigated.
“It’s unfortunate that’s the route, because the will of the people is that it would be enforced,” she said.
Voters in Oregon’s Jackson County also passed a prohibition against GMOs, but that ordinance is not subject to the state seed pre-emption bill.
The legislature exempted Jackson County from its pre-emption statute because the ordinance was already on the ballot when the state law was passed.
The Jackson County ordinance is also being challenged in federal court by several farmers.
Earlier this year, a federal judge found that the GMO ban is not precluded by Oregon’s “right to farm” law, which disallows ordinances and lawsuits against common farming practices.
However, the farmers in that case are still seeking $4.2 million in compensation from the county, as they’d have to remove their biotech alfalfa crops under the ordinance.
Enforcement of the Jackson County GMO has also been stayed until the lawsuit is closed.
Source: www.capitalpress.com