Four organizations that support Kauai County’s new ordinance pertaining to pesticide use and cultivation of genetically modified crops are seeking to intervene in a federal lawsuit that aims to block its implementation.

According to documents filed in U.S. District Court last month, the Center for Food Safety, the Pesticide Action Network North America, the Surfrider Foundation and a coalition of residents called Ka Makani Hoopono (The Wind that Makes Right) contend the county will not adequately represent their environmental interests in the lawsuit filed by four seed companies.

"Our clients have their own interests to be protected," said Earthjustice attorney Paul Achitoff. "We feel the county cannot be relied upon to defend those interests."

After months of debate in the community, including emotionally charged public hearings, on Oct. 31, Mayor Bernard Carvalho Jr. vetoed Bill 2491 the so-called anti-GMO bill stating it was legally flawed. Three weeks later, the Kauai County Council voted to override the veto and the bill became Ordinance 960.

Syngenta, DuPont Pioneer, BASF and Agrigenetics, doing business as Dow AgroSciences, are suing the county with the aim of stopping the ordinance from taking effect in mid-August. In addition to requiring large-scale agricultural operations to disclose information about pesticide use and GMO farming, the ordinance imposes buffer zones near schools, medical facilities, homes, public roadways, shorelines and waterways.

The seed companies have said the law will inhibit farming and increase risks of commercial espionage. Syngenta spokesman Paul Minehart would not comment on the motion because of the ongoing litigation.

According to the motion to intervene, many members of CFS, PANNA and Surfrider live near fields owned or leased by the seed companies. Ka Makani Hoopono’s members are west side residents.

The motion says: "The constant application of pesticides, which has become a necessary component of genetically engineered crop production and testing, have detrimentally affected human health and the environment on Kauai."

The Honolulu firm of McCorriston Miller Mukai MacKinnon has been selected to represent Kauai County in the lawsuit.

"We have every confidence that this firm will appropriately represent the county’s interests in this matter," Carvalho said. In addition, to address environmental concerns, the county is securing a facilitator for a joint fact-finding group that will draft an Environmental Public Health Impact Study, he said.

County officials selected special counsel from a pre-qualified list of 17 law firms. The Kauai Council last month approved a request by the Office of the County Attorney to spend up to $75,000 to retain special counsel to represent the county. The county rejected free legal services offered by attorney Teresa Tico.