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Judge Hears Challenge To Oregon County's Genetically Engineered Crop Ban

A federal judge in southern Oregon heard court arguments Wednesday in a challenge against a county's restriction on growing genetically engineered crops.

Two farms brought the case against Jackson County, arguing the ban violates Oregon’s Right to Farm Act. The farmers had genetically engineered-alfalfa planted before voters approved the ban.

They’re hoping to either have the ordinance overturned or get the county to pay millions to cover their losses.

Several non-profit groups have intervenedto help Jackson County defend the voter-approved ban. George Kimbrell, a lawyer with the Center for Food Safety, represented those supporters. He says this case could set the legal tone going forward.

“It’s a question of first impression as to whether state Right to Farm laws -- and there are many that have similar laws to Oregon’s -- preempt counties from regulating genetically engineered crops or not,” he says.

Magistrate Judge Mark Clarke said he would rule on the case by the end of next week.

Jackson County has indicated it would delay implementation of the GE crop ban pending the outcome of the case.

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<p>Voters in Jackson County, Oregon, approved a ban on genetically modified crops. Opponents say the local measure runs afoul of Oregon&rsquo;s right-to-farm law.</p>

Tam Moore / For the Capital Press

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Voters in Jackson County, Oregon, approved a ban on genetically modified crops. Opponents say the local measure runs afoul of Oregon’s right-to-farm law.

Jes Burns is a reporter for OPB's Science & Environment unit. Jes has a degree in English literature from Duke University and a master's degree from the University of Oregon's School of Journalism and Communications.