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09 Jan 2017 Preemption Arguments Carry the Day In Ninth Circuit

  Authored by Dean Barnhard and J.T. Larson   The Ninth Circuit recently reminded practitioners that they should keep preemption — both federal and state — in mind as a defense. On Nov. 18, the court held that federal and state law preempted local regulations that impeded the use of pesticides and the development and field testing of genetically modified organism (GMO) crops in three Hawai`i counties. The preemption victory spanned multiple cases in separate appeals and although the facts differed in each case, the…