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CENTER FOR FOOD SAFETY v. JOHANNS

No. Civ.03-00621 JMS/BMK.

451 F.Supp.2d 1165 (2006)

CENTER FOR FOOD SAFETY; Kahea; Friends of the Earth, Inc., and Pesticide Action Network North America, Plaintiffs, v. Mike JOHANNS, Secretary, U.S. Department of Agriculture; William T. Hawks, Under Secretary of Agriculture for Marketing and Regulatory Programs; Bobby R. Acord, Deputy Administrator, U.S. Department of Agriculture, Animal and Plant Health Inspection Service and Cindy Smith, Deputy Administrator, U.S. Department of Agriculture, Animal and Plant Health Inspection Service, Biotechnology Regulatory Services Program, Defendants.

United States District Court, D. Hawai`i.

September 1, 2006.

Attorney(s) appearing for the Case

Isaac H. Moriwake, Paul H. Achitoff, Earthjustice Legal Defense Fund, Honolulu, HI, Joseph Mendelson, III, Washington, DC, for Plaintiffs.

Jean-Michel Voltaire, U.S. Department of Justice, Washington, DC, Jeannette H. Castagnetti, Margery S. Bronster, Bronster Crabtree & Hoshibata, Honolulu, HI, for Defendants.

AMENDED ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTION FOR SUMMARY JUDGMENT AND GRANTING IN PART AND DENYING IN PART DEFENDANTS' MOTION FOR SUMMARY JUDGMENT1

J. Michael SEABRIGHT, District Judge.

I. INTRODUCTION

From 2001 to 2003, four companies-ProdiGene, Monsanto, Hawaii Agriculture Research Center (HARC), and Garst Seed—planted corn and sugarcane that had been genetically modified to produce...

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