Josephine County Circuit Court Judge Pat Wolke granted plaintiffs’ motion for summary judgment yesterday, overturning the county ballot measure that banned farmers from growing genetically engineered crops in the county.
Judge Wolke made clear that the crop ban is expressly preempted by state law.
“In this case, the conflict could not be more clear that the County’s GMO ordinance, and ORS 633.738 are incompatible. The state law says that the localities may not legislate in this area; and the voters of Josephine County have attempted to legislate in the exact same area. It is impossible to read the two enactments in harmony; so that the local ordinance must give way.”
The entire opinion can be found HERE.
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