Hawaii Joins Amici Brief In 2d Cir GMO Labeling Appeal

by Robert Thomas, InverseCondemnation, September 14, 2015

As noted in the Honolulu Civil Beat story, "Hawaii AG Backs Vermont GMO Labeling Law," Hawaii has signed on to an amici brief in support of the State of Vermont in the Second Circuit appeal of a Vermont federal court's ruling which rejected a challenge to Vermont's requirement to label GMO products. The Civil Beat story reports on the brief, but as far as we can tell, doesn't actually post the brief. Law nerds rejoice: here it is.

What is intriguing is that Hawaii chose to join this brief. Recall that Hawaii has no statewide GMO labeling laws, although it does have comprehensive laws that address the topic of GMO's, a conclusion reached by at least two federal courts in challenges to county-adopted ordinances which deal with GMO issues (although none of the ordinances involve labeling). [Disclosure: we represented an amicus party in one of those District Court challenges.]

It may be that Hawaii joined the brief because it owed the other states a favor or two, having received critical amicus support in a couple of recent cases. But regardless of the underlying reason, the brief is an interesting read, even if you don't agree with it.

The merits brief filed by the plaintiffs/appellants in the appeal is posted here.

PDF: Brief of Amici Curiae States of Connecticut, Maine, Maryland, Massachusetts, Hawaii, Illinois, New Hampshir...