Hawai‘i County Council voted 5-4 to appeal federal magistrate judge Barry Kurren's ruling striking down the ordinance restricting GMO crops. Kurren invalidated the county law in a Nov. 27 order, ruling that state law pre-empts county law on the issue.

National nonprofit environmental advocacy groups Earthjustice and the Center for Food Safety are interested in representing the county at no charge, said Paul Achitoff, managing attorney for Earthjustice mid-Pacific regional office (and H.A.P.A. Board Member).

According to the Hawai‘i Tribune Herald, Former Mayor Harry Kim supports the GMO ban. He said businesses have long claimed their products are safe but science later proves that not to be the case, he said, citing the examples of cigarettes and food dyes.