FEDERAL JUDGE FINDS HAWAI‘I AGRIBUSINESS DEVELOPMENT CORPORATION (ADC) IS UNLAWFULLY CONTAMINATING KAUAʻI’S SHORES

Click here to read the courts decision: Hawai‘i’s Agribusiness Development Corporation (ADC) has violated the federal Clean Water Act 

Community groups Na Kia‘i Kai, Surfrider Foundation, and Pesticide Action Network — represented by Earthjustice — sued the state agency for each day discharging millions of gallons of waters contaminated with pesticides, sediment, and heavy metals from the drainage ditch system it operates on the Mānā Plain.

The ADC manages tens of thousands of acres of state-owned agricultural lands located primarily on Kauai and on Oahu. Their largest tenants are the chemical companies (Dupont, Dow, Syngenta/Hartung, etc) doing genetic research and growing thousands of acres of GMO corn on Kauai’s west side.  These same tenants apply tons of Restricted Use Pesticides (RUPs) on a regular basis to crops grown on the adjacent fields – and they have for decades refused to disclose the when, where and what details of their chemical usage.

It is important to note that in order to secure the permits as ordered by the courts, the ADC will now need to determine what pesticides, heavy metals, and other pollutants are contained within the waters being proposed for discharge.  And they will have to monitor and report them as well.  Translation: The chemical companies claim that their pesticides do not drift into adjacent soil, air and water will finally be refuted in detail – with research done by the state and with the results being public information.

The court findings are eyeopening and include statements such as:

“There is no question that ADC discharges polluted water into the near-shore waters of the Pacific Ocean off Kauai’s western coast on a daily basis via the Mānā Plain drainage ditch system, and that it does so without an NPDES permit. It is undisputed that the water discharged contains various pesticides and agricultural chemicals, byproducts of agricultural chemicals, and heavy metals, as well as sediment from the unlined canals through which it passes.”

“…chemicals that seep into the drainage ditch system, including amniomethylphosphonic acid (AMPA), a degradate of glyphosate; dichlorodiphenyldichloroethylene (DDE), a degradate of dichlorodiphenyltrichloroethane (DDT); glyphosate, ametryn, atrazine, bentazon, chlorpyrifos, cispropiconazole, diuron, fipronil, hexazinone, MCPA, metolachlor, prometryn, propoxur, simazine, and trans-propiconazole…”

One of my favorite lines is “The parade of horribles ADC sets forth is unmoving.”  This refers to the “Sky will fall if we have to get the permit…” claims made by the ADC.

Read the Earthjustice press release HERE 

For other related breaking news please also read: Hawaii GMO industry footprint shrinks by over 50% AND DOE bans herbicides in all Hawaii public schools