Why I Am Unable To Support An Honorable Man

Posted on February 1, 2015 by garyhooser

Carleton Ching is an honorable man. He is articulate, personable, intelligent, hard working and from all that I know about him, no doubt he is an honorable man.

Mr. Ching may be an honorable man but he should not be confirmed as Director of the Department of Land and Natural Resources. Please join me in opposing his nomination by emailing all Hawaii State Senators at sens@capitol.hawaii.gov today and absolutely no later than Feb. 4th

The question before the Hawaii State Senate is not whether Carleton Ching is an honorable man but to whom and to what values is he honorable?

Each of us is imbued with a bias, a certain core perspective that we apply to all things in life. Our work, our friends, the books that we read, the letters we write and the statements and judgments we make daily all reflect the bias engrained within us as a result of the experiences and people that have shaped our life.

Mr. Ching does not simply work for one of Hawaii’s largest real estate developers but his professional career has to a great extent been focused on actively working to eliminate or weaken regulations intended to protect all that the Department of Land and Natural Resources is supposed to manage and protect.

As a Castle and Cooke lobbyist, VP for the Land Use Research Foundation (LURF) and Board Member for the Building Industry Association (BIA) he serves in an influential leadership position in the effort to dismantle key elements now in place to protect public trust resources.

His job at many levels over the past decade is/was to influence changes in public policy to increase the profitability of development interests via the diminishment of environmental, health, cultural and public land protections.

As a Board Member of the Building Industry Association (BIA) Mr. Chings fiduciary responsibility is to support the interests of: developers, general contractors, specialty contractors, suppliers, Realtors, architects and financial institutions.

An even more alarming indication of the deep seated bias in support of development and opposed to environmental protections is his role as Vice President at LURF. LURF’s mission is to “promote and advance the interests of the development community, particularly in the areas of land use laws and regulations.”

LURF touts as some of its major accomplishments:

*LURF fought hard to convince the U.S. Fish and Wild Life Service to reduce critical habitat designations and mandated conservation areas.

*LURF successfully lobbied to reduce requirements for developer applicant reviews by the State Historic Preservation Division of the Department of Land and Natural Resources (DLNR/SHPD).

*LURF successfully lobbied to require the Department of Health (DOH) to delete various protections involving native Hawaii rights, historic preservation, coastal zone management and environmental impact reviews for storm water management permits.

*LURF actively opposed the requirement of landowners to provide lateral access along the coast line.

And LURF has been extremely active in what has almost become an annual effort to weaken HRS Chapter 343 (EIS Laws), they were core supporters of the Public Lands Development Corporation (PLDC) and numerous other efforts to exempt various development projects from environmental, health, planning and public interest laws now in place.

The mission statement of the Department of Land and Natural Resources is to: “Enhance, protect, conserve and manage Hawaii’s unique and limited natural, cultural and historic resources held in public trust for current and future generations of the people of Hawaii nei, and its visitors, in partnership with others from the public and private sectors.”

We all have a bias and a unique perspective on life. Hawaii deserves a Director that is biased toward preserving the resource and protecting the public trust, not someone whose bias is clearly that of promoting increased development and profits while weakening those public trust protections.

Over twenty environmental groups are opposing the nomination of Mr. Ching to be Director of the Department of Land and Natural Resources.

Among the groups are the Conservation Council for Hawai`i, Defend O`ahu Coalition, Earthjustice, Friends of Lana`i, Hawai`i Alliance for Progressive Action, Hawai`i Wildlife Fund, Hawai`i’s Thousand Friends, Hui Ho`omalu I Ka `Aina, `Ilio`ulaokalani Coalition, KAHEA: The Hawaiian-Environmental Alliance, Kanehili Hui, Kupa`a No Lana`i, Life of the Land, LOST FISH Coalition, MANA (Movement for Aloha No Ka `Aina), Maui Tomorrow, O`ahu Chapter of Aha Moku Council, Progressive Democrats of Hawai`i, Puna Pono Alliance, Sierra Club, Surfrider Foundation, The Outdoor Circle, Wailua-Kapa`a Neighborhood Association and West Maui Preservation Association.

Please add your voice to ours by emailing a message to all Hawaii State Senators at sens@capitol.hawaii.gov opposing confirmation. Please email your concerns as soon as possible and no later than Feb. 4th.

The Department of Land & Natural Resources Director also serves as chair of the Board of Land & Natural Resources, chair of the Commission on Water Resource Management and as the state’s Historic Preservation Officer, in addition to overseeing many programs.

The Department of Land and Natural Resources, headed by an executive Board of Land and Natural Resources, is responsible for managing, administering, and exercising control over public lands, water resources, ocean waters, navigable streams, coastal areas (except commercial harbors), minerals, and all interests therein. The department’s jurisdiction encompasses nearly 1.3 million acres of State lands, beaches, and coastal waters as well as 750 miles of coastline (the fourth longest in the country). It includes state parks; historical sites; forests and forest reserves; aquatic life and its sanctuaries; public fishing areas; boating, ocean recreation, and coastal programs; wildlife and its sanctuaries; game management areas; public hunting areas; and natural area reserves

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SB593 = “Game Changer” for food self sufficiency in Hawaii, Testimony needed TODAY! Hearing is Monday Feb. 2nd.

Posted on January 30, 2015 by garyhooser

A “game changer” for food self sufficiency in Hawaii, please support SB593 and send in testimony TODAY! Hearing is scheduled at the State Capitol Room #224 for Monday February 2 at 2:50pm.

Read the Bill, Understand the Process and Testify Here:http://capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=593&year=2015

“The agribusiness development corporation, by December 31, 2025, shall lease a minimum of 50 per cent of lands controlled by the agribusiness development corporation to operations that support the sustainable agriculture and local food production plan and whose primary business is the production of food for local consumption in Hawaii.”SB593 (excerpt)

Translation: If SB593 is passed into law – it is possible that over the next 10 years over 10,000 acres of public agricultural lands would be made available to local farmers and could only be used for sustainable agriculture and local food production.

Please testify and share your mana’o and your suggestions as to how our State can increase the use of sustainable agricultural practices while increasing local food production.

Facts and Background on the Agribusiness Development Corporation

http://hdoa.hawaii.gov/chairpersons-office/agribusiness-development-corporation/

1) The Agribusiness Development Corporation (ADC) was supposedly created to help “transition Hawaii’s agriculture industry . . . to one composed of a diversity of different crops.” (ADC website). Yet, while ADC controls over 20,000 acres of agricultural public lands, less than 5% of ADC lands are used for local food production.

2) Hawai‘i urgently needs to become more self-sufficient and “food secure.” According to the Hawai‘i Department of Business, Economic Development & Tourism’s (DBEDT) “Increased Food Security and Food Self-Sufficiency Strategy”:

About 85-90% of Hawaii’s food is imported which makes it particularly vulnerable to natural disasters and global event that might disrupt shipping and the food supply.

3) Local farmers and ranchers state “the lack of affordable long term leases on good agricultural lands” as the most important roadblock to expanding local food production

4) The vast majority of the over 20,000 acres of state owned agricultural lands that the ADC leases has been leased to non-food producing corporations for very long terms at very low rates.

5) Requiring the ADC to develop and implement a plan to lease a minimum of 50% of the tillable public lands they manage within the next 10 years for sustainable agriculture and local food production is a reasonable approach to utilizing existing public lands to achieve our State’s goal of increased food sustainability.

6) This would also benefit Hawai‘i economically, creating thousands of jobs and infusing the economy with $$millions. According to the Hawai‘i DBEDT’s “Increased Food Security and Food Self-Sufficiency Strategy”:

The economic impact of food import replacement is significant. Replacing just 10% of the food we currently import would amount to approximately $313 million. Assuming a 30% farm share, $94 million would be realized at the farm-gate which would generate an economy-wide impact of an additional $188 million in sales, $47 million in earnings, $6 million in state tax revenues, and more than 2,300 jobs.

7) The public lands the ADC is managing are held in trust and are supposed to be used for the public good. Sustainable agricultural practices are important to restore and preserve the land for future generations, as opposed to pesticide-intensive industrial practices.

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Where There Is Smoke –

Posted on January 17, 2015 by garyhooser

The glimmering coals of a campfire in the mountains, barbequing shrimp and ribs (with cold beer in hand) in the front yard with family and friends and ringing in the new year in front of a roaring bonfire on the beach at Kealia – are some of my fondest life memories.

Even when the memory is so faint you may not remember other details, you never forget the flickering of the flames and the pungent smell of the smoke.

To be clear: I will never ever support taking this away.

Bill #2573 is intended to narrowly address situations in our community where individuals intentionally or recklessly bring harm to someone else through their constant burning.

Unfortunately there are situations in neighborhoods where the homes are very close together, certain residents’ burn wood and other items in their fireplaces day after day year-round, even on the warmest days of summer – flooding neighboring homes with smoke on a regular basis to a degree where medical attention is needed.

Myself and other council members have attempted to engage the Department of Health and other agencies to help resolve one particularly egregious example. Even though there is an abundance of evidence pointing to negative health impacts, these impacted residents have been repeatedly told “there is nothing the agency could do”. These families offered to participate in mediation and they even offered to purchase a gas fireplace to replace the wood burning one – all to no avail.

Two years ago these families reached out to me for help. I explained as best I could the complexity of the issue but promised to investigate and explore different ways that this might be addressed. In my research I discovered that this issue was not a new one and that many communities around the nation have laws dealing with this type of situation including Maui County here in Hawaii.

Bill #2573 which is modeled almost identically after that existing Maui ordinance was my attempt to fulfill my promise to these families that I would try to help. My original drafts did not criminalize the action, limited the ordinance to only neighborhoods where homes were very close together, and required impacted residents to prove harm via an affidavit from a medical Doctor.

However in discussing the options with the Kauai County Attorney it was his recommendation that instead we simply mimic the existing Maui law which has been in existence since 1949 apparently with no negative consequences.

The normal practice involved in passing a county ordinance is that there is a “First Reading” which occurred this past Wednesday and then a public hearing is scheduled (February 11th). After the public hearing is held the Bill is then referred to a committee where the measure is either passed, amended, deferred for further review or killed.

Passing a Bill on “First Reading” merely authorizes the conversation to occur. Unless the Bill is passed on First Reading there can be no public hearing and no discussion of the issue among council members.

It is against the Sunshine Law for more than two council members to meet privately to have this type of discussion. The only way to engage a full, robust and legal discussion seeking solutions to various challenges within our community is to place the item on the table which was done in this case via the introduction of Bill #2573.

The act of putting a Bill like this on the table for public consideration and debate by its nature causes the Council and to some extent the public to think through the various options and implications, and to seek alternative solutions.

The actual additional cost to the County to have this discussion is minimal or zero as most costs are built in to the regular day to day operations.  To be clear I understand we could all be doing other things, but tangible budget impacts are negligible.

I agree that the language of Bill #2573 can be greatly improved.  It is my intention to take into consideration all of the public input and work with the County Attorney and my colleagues on the Council, and ultimately craft language that completely exempts all traditional, customary and everyday cooking practices and keep the focus only on the very tiny egregious incidents where people actually have to seek medical help because of the constant, intentional or reckless burning of a thoughtless neighbor that

Many in our community have raised excellent points as to how this measure might be improved. As the process moves forward many of these suggestions will likely be dealt with via the amendment process as determined by the Council Committee and then the entire Council. Or, at the end of the day if consensus on the Council and in the community cannot be reached, the matter could be deferred for more study or killed completely – such is the process of lawmaking.

Of course my preference is that we pass no law at all, that mutual respect and consideration be the norm among neighbors, and that the golden rule prevails without the need for Bills, public hearings or other such nonsense.

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The Hawaii Movement – Catalyzing Change, Empowering Communities – The H.A.P.A. Plan

Posted on December 1, 2014 by garyhooser

Aloha,

As President of the Board of Directors for the Hawaii Alliance for Progressive Action (H.A.P.A.). I would like to invite you to join our movement for change and to help if you can. http://www.hapahi.org

We are at a particularly critical point in time and need your help, your support and your active involvement in order to succeed in our mission – we must act now to preserve and leverage recent successes for grass-roots democracy, social justice and long-term sustainability.

Monsanto and their industry friends and supporters spent over $10 million on Maui and around our State during the 2014 elections. Through the Maui miracle and the tremendous success of individual citizens on Maui, we learned that grass roots efforts can win over big money.

Though the industry has successfully tied up the victories in court at the moment, the people of Kauai, Maui and Hawaii County have all challenged the largest corporate interests in the world at the community level and won.

To continue to win – we need to do better in three key areas:

1) We need to do a much better job working with mainstream media and educating the broader community on the issues important to us.

2) We must be better organized and build stronger statewide coalitions while expanding and educating our own local community networks.

3) We must support our friends in the legal environment who can go to battle in the courts on our behalf to defend the laws intended to protect our communities.

H.A.P.A. is designed and intended to provide this key support but to be successful we need your help today. We need the help of donors large and small and we need the help of grass-roots organizers and those individuals who represent the valuable “boots on the ground” – on each and every island.

By donating today and/or by signing up as a H.A.P.A. member today, you will help move us toward a position of strength as we enter the year 2015 and the opportunities and challenges that it will present.

I am a volunteer and our all-volunteer Board of Directors reflects a strong and diverse representation of cultures, occupations and demographics. http://www.hawaiiallianceforprogressiveaction.org/bod

H.A.P.A. is a statewide movement conceived on Kaua‘i and born from the experience of the community’s effort to assert its values and guide its future.

H.A.P.A.’s mission focus is targeted toward three key principles:

  • Revitalizing and supporting grassroots democracy through action and advocacy (“Taking Back Our Government“)
  • Community and environment over corporate agendas (“People over Profits“)
  • Local solutions to global challenges (“Think Global, Act Local“)

As a statewide, 501(c)(3) non-profit organization, our action efforts are focused on:

  • Creating and funding media campaigns to inform our community of important issues – A sample is here https://www.youtube.com/watch?v=_-YjANUX2-I
  • Building coalitions in conjunction with like-minded community organizations to strengthen awareness and action
  • Launching grassroots action campaigns to galvanize community engagement
  • Supporting legal efforts to enforce laws that protect people and the environment

Please help today or before December 13 by donating $10, $100 or a $1,000 – or by simply signing up as a member of H.A.P.A. at no cost at all.

If you live on Maui, please join us on the evening of December 13 for an informal gathering/reception to meet our Board and to find out more about H.A.P.A., what we stand for and our plans for the future. Email me directly for location details and to RSVP.

H.A.P.A. is a public non-profit organization under Section 501(c)(3) of the Internal Revenue Code. Contributions to H.A.P.A. are tax-deductible to the extent of the law.

Filed in the State of Hawai‘i on March 23, 2014, the articles of incorporation for the Hawai‘i Alliance for Progressive Action (H.A.P.A.) state:

Section 3.1 Purposes: The Corporation is organized exclusively for the charitable, literary or educational purposes under Section 501(c)(3) of the Internal Revenue Code of 1986, or the corresponding provision of any future federal tax code, including for such purposes to promote and facilitate the development of alliances that incorporate research, policy development, education and community engagement toward the purpose of supporting and protecting the rights of people and the planet, all of which shall be accomplished exclusively within the meaning of Section 501 (c)(3) of the Internal Revenue Code.

NOTE: H.A.P.A. is not and will not be involved with lobbying or direct advocacy on any issues pending before the Kauai County Council. In general H.A.P.A. does not lobby. We educate, we support grass roots movement building and we support legal efforts to protect and preserve the health and well-being of people and the environment.

Please help if you can. And thank you to all who have already signed up and/or made a contribution.

Sincerely,

Gary Hooser – Hawaii Alliance for Progressive Action, Board President

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Doing the Hooser Happy Dance (s), The Maui Miracle and More

Posted on November 17, 2014 by garyhooser

The Kauai County Council election is an “at large election” with the top 7 vote getters being elected to serve as councilmember’s.

At 9:45pm on Tuesday the 4th of November I was sitting solidly at #11 and essentially looking for another job. Then at 10pm in the blink of an eye I jumped to #7 and ended up winning re-election by a nail biting 92 votes.

You can be sure that there were two and perhaps three sets of “happy dances” going on that evening. My good friends in the chemical industry were for sure high fiving, whooping it up and celebrating my demise during the first and second print-outs (insert facetious smirk).

And then at 10pm when the third print-out was announced the shrieks of disbelief resonated from all corners and all perspectives. If you live in the Wailua Homesteads or anywhere from Haena to Puhi or along the Waianae coast of Oahu, I apologize for the noise my family generated for a sustained 30 minutes or more.

Thank you to all who helped make this win possible. Whew!

Many have tried to characterize the Hawaii election results as some sort of litmus test on the debate surrounding restricted use pesticides and the growing of genetically modified experimental crops.

The actions taken on Kauai, Maui and in Hawaii County attempting to regulate the impacts of the chemical companies and the experimental research they are doing in our State has in fact “kicked the hornets nest” and the industry is pushing back hard on all fronts.

Monsanto and industry supporters spent over $8 million statewide and they lost. This is more money than has ever been spent in any Hawaii election, including gubernatorial and U.S. Senate races – and they lost.

In spite of all the money and all of the industry pressure the people of Maui voted to pass a citizens’ initiative that puts into law a temporary moratorium on the cultivation and experimentation of genetically modified organisms – until they are proven safe via a defined process contained within the law.

Many are calling it the “Maui Miracle” – $8 million plus spent by industry against a genuine grass-roots diverse coalition of individual citizens and community activists who spent next to nothing – and industry lost.

Message #1) Committed grassroots can defeat big money.

Over 50% of the voters on Maui said essentially “prove your operations are safe or stop what you are doing”.

Message #2) To those who say this is a “fringe issue” – phooey on you. Look again.

In addition similar forces led by “Forward Progress” a Honolulu based PAC backed by the carpenters union and large contractors spent additional large sums of outside money attempting to take out Maui Councilmember Elle Cochran and Hawaii County Councilmember Margaret Wille, both of whom led the charge in their respective Counties in attempts to regulate these companies and protect the health and environment of their communities. Like myself, both Cochran and Wille prevailed and were re-elected.

Message #3) As neighbor-island communities grow more assertive, the forces in Honolulu grow more nervous.

The chemical companies are now suing Kauai County, Maui County and Hawaii County.

3 of the 4 counties are already “all in” on this issue and it is only a matter of time before the residents of the City and County of Honolulu step up to the plate and begin gathering their signatures.

This issue is not going away. Government agencies and policy makers at both the State and County level need to recognize that there are valid concerns with regards to the experimental nature of this industry and the resulting impacts on the health of our community.

We need statewide buffer zones, full disclosure, a targeted health and environmental study and a temporary statewide moratorium on the growth of this industry until we can determine and mitigate the impacts on the health and environment of our community.

The 2015 Hawaii State Legislature can make this happen. But of course they won’t.

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On changing the world – starting here, now and with you.

Posted on November 4, 2014 by garyhooser

Aloha,

Most of us at some time or another in our life want to change the world. Some of us hang on to that dream and others drop it quickly by the wayside as if its pursuit was frivolous and to some even embarrassing baggage.

At age 60 I still believe that changing the world is possible and am more committed than ever to making that change happen starting here in our home and in our community.

As grandiose as it may sound, I truly believe Kauai can set an example for the world. We are a small enough community where the problems and challenges can be managed and solutions found.

Whether the goal is food and energy self sufficiency, economic diversification, affordable housing, environmental protection or even climate change – Kauai can be a model and help chart a course that other communities might follow.

The strengthening of our local government, community empowerment and the rebuilding of an informed grass roots democracy is the starting point to achieve meaningful and positive change.

The elections of tomorrow, Tuesday November 4th represent a turning point. Kauai residents have a genuine opportunity to choose the future they want to see and live, and a future they want to leave for their children.

This is where the rubber meets the road.

Please show up and be part of the change you want to see in the world.

Please show up and vote wisely for those candidates who are willing to stand up for the kind of world you want to live in.

I respectfully ask that you consider casting one of your 7 council votes for me, so that I might work for you toward making our community the best that it can be.

Kauai is a microcosm of this world and changing the world can and must start here.

Imua!

Gary Hooser

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Campaign Update – 7 days out and the anonymous and negative “hit mail” has arrived

Posted on October 28, 2014 by garyhooser

7 days out from November 4th and the anonymous “hit mail” has arrived. My good friend and fellow member of the Kauai County Council Tim Bynum is the target of multiple negative mailers none of which have a return address or other identifiable markings as to who sent them. Sending out anonymous mailers of this type is a violation of state law. Anyone with direct knowledge of who is behind this mailing is encouraged to contact the Campaign Spending Commission immediately at (808) 586-0285.

Councilmember Bynum is a good man and neither he nor our community deserves this.

He is being targeted because he is not afraid to speak out. He is incredibly thorough and tenacious to a fault when he suspects malfeasance or other public harms are occurring and he is currently focused on doing just that. Councilmember Bynum is being targeted because he is doing his job, has angered certain people in positions of power and is perceived as being politically vulnerable.

My daughter texted me last night, “What about you Dad, will they be coming after you next?”

It is a sad day when our children feel compelled to ask this question. The answer of course is yes. The more we ask questions, the more we challenge the entrenched power structure, the more we will get attacked by the anonymous actors and their enablers.

There are many good things happening within Kauai County but also many inequities that favor those in positions of power and influence, both in business and in government.

Councilmember Bynum, myself and others on the Council have been asking the questions that need to be asked. Recently Mayor Carvalho has acknowledged the validity of our concerns, agreed to support a proper investigation and to deal appropriately with the issues that come forth as a result.

Please help us fight back against these last minute negative and anonymous attacks.

You can find out more about Councilmember Tim Bynum and offer support for his efforts to counter these anonymous attacks here: http://www.timbynum.com/support/

With regards to my own campaign, we are pushing very hard and also scrambling to redouble our media push during these critical last few days. I am frequently asked if additional help is needed and “When is a good time?”

The answer: These last few days are unpredictable and additional help now would be most welcome. http://www.garyhooser.com/donate.php

Mahalo to all who have already been so very generous and supportive.

Imua! gh

On a lighter note – read the below to become educated on voting “Kauai style”. Please circulate to friends who are not aware of the particular dynamics in play with an “all at large” system.

The Hooser Blog – On How My Mother Will Vote In The Kauai Election

https://garyhooser.wordpress.com/2014/10/18/on-plunking-block-voting-slates-and-other-such-kauai-county-council-voting-strategies/

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How mom votes – On plunking and other such Kauai County Council voting strategies

Posted on October 18, 2014 by garyhooser

The ballots will soon be arriving by mail at homes across the islands, and the General Election will conclude on November 5th.

Thus I am compelled to explain the importance of plunking and in general resisting the urge to go “eeny, meeny, miney, moe” and expending all seven Kauai County Council votes – some votes on candidates you really want to see in office and other votes on candidates that are “ok” or whom you are not really sure.

The fundamental rule of akamai Kauai voting is: Do not use all 7 votes when choosing your Kauai County Council candidates. Unless of course you feel equally supportive of all 7 candidates you choose or perhaps have your own strategy you believe in.

The ballot will say “vote for up to 7” or similar language. Experienced Kauai voters will use their Council votes sparingly, selecting only those candidates whom they really and truly and positively want to get elected. These voters might cast one vote or perhaps up to 4 or 5 votes but rarely do they go beyond this number.

An example of how casting all 7 votes can work to the detriment of the candidate or candidates you are most interested in getting elected:

There are 14 candidates running for the 7 Council seats. The council candidates’ mother goes to vote.

She votes for her child (naturally) and then pauses and decides to vote for one other candidate who has been especially nice to good ol’ mom during the campaign. 

Mom’s favorite candidate (her child) then loses the election by one vote to that other candidate and very nice person mom decided to vote for also.

Bottom line is that in most Kauai Council elections – mom’s, grandma’s, wives, husbands, sisters, brothers and children of the candidate will often only cast one vote in the Kauai County Council race.

This is called “plunking”. Others have their definition for plunking but this is how I have come to know the term.

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Does Kauai have higher than normal/average cardiac birth defects rates?

Posted on September 22, 2014 by garyhooser

In a The Garden Island Sept.16 letter from Dr. Graham Chelius he said “There is not an increased rate of cardiac defects of any kind on the Westside of Kauai.” He then went on to reference the State’s birth defect registry.

According to a letter I received from the Director of the State Department of Health (SDOH) on July 1, 2014 the State is working hard to bring current the most recent few years of Kauai data however 2006, 2007, 2008 and 2009 and 2013 remain incomplete.  2010–2012 data collection and input for Kauai Veterans Memorial Hospital (KVMH) is complete and for Wilcox Hospital they have completed 2010–2011, however “records have yet to be analyzed by a geneticist”.  According to the letter the SDOH is also trying “to ascertain if Kauai babies were transferred before birth to other birthing facilities in Hawaii…”.

I sincerely hope Dr. Chelius  is correct.  However other physicians on Kauai’s west side have submitted public testimony indicating their increased concern about high birth defect rates and the need for further investigation into this area.   Thus the urgency that the SDOH has now placed on updating the birth defect registry.

Numerous Kauai physicians from Kauai’s west side and from all around our island testified in support of the passage of Bill 2491 (now ordinance 960).  A majority of Kauai pediatricians signed a letter in support and the Hawaii Nurses Association and the Hawaii State Teachers Association all supported passage of this measure.

The American Academy of Pediatrics in a national report specifically recommends the key components contained within ordinance 960 – basic disclosure and buffer zones.  The American Cancer Institute and other extremely credible organizations have reported extensively on the negative health and environmental impacts of long term pesticide exposure.

The research is clear – people who live and work in areas that are subject to regular pesticide use have higher rates of various ailments including certain cancers.  The Environmental Protection Agency reports: “Laboratory studies show that pesticides can cause health problems, such as birth defects, nerve damage, cancer, and other effects that might occur over a long period of time.”

If anyone is in doubt I suggest you read: American Academy of Pediatrics, Volume 130, Number 6, December 2012 or Cancer Journal for Clinicians 2013 American Cancer Society or UC Davis Autism/Pesticides Study 2013

All we are asking for is basic disclosure, modest buffer zones and a health study.  It shouldn’t be so hard.

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The Ebb and Flow of Bill 2491 – People, Industry and State Neglect (revised from TGI version)

Posted on September 16, 2014 by garyhooser

While a federal magistrate judge has ruled against Kauai County and ordinance 960, it appears that this issue is far from being over. While no final decision has yet been made, item C 2014-248 on the upcoming Council agenda of September 17 states “provided that Special Counsel has agreed that throughout the appeal process Special Counsel will only bill the County for costs and not charge for legal fees beyond the $210,000 previously authorized by the Council.”

In essence this means the law firm of McCorriston Miller Mukai MacKinnon LLP is offering to conduct the appeal for free other than what the County has already allocated ($210,000) and some miscellaneous hard costs estimated at $12,750.

This very generous offer combined with the law firms high level of expertise, motivation and confidence that the core legal issues favor the county position, translate to an offer that I believe would be irresponsible to refuse.

The federal judge ruled that the county of Kauai does not have the authority to protect the health and environment of our community from the long term impacts of the intensive application of Restricted Use Pesticides.

According to this court decision, Kaua’i County is not allowed to step in to protect its citizens nor the environment from the impacts of pesticide use, misuse or abuse – even when the state has failed miserably in its duty to do so.

This ruling by Judge Kurren represents a win by industry.  I am sure the corporate executives in Indianapolis Indiana, Ludwigshafen Germany, Basel Switzerland and Johnston Iowa are “high-fiving” each other over beating our little island on this round, but the win to be sure is ultimately a hollow one.

Residents of West Kaua‘i have been complaining to the State about pesticide drift and the impacts for over a decade.

Despite repeated requests, the State refuses to fund additional inspectors.

It takes 2 to 3 years for the State to complete investigations of pesticide abuse and the State birth defect registry has not been updated since 2005.

Ordinance 960 was a modest attempt to deal with those concerns by requiring disclosure, buffer zones and a study to determine health impacts.

There is no shortage of red flags that point toward negative impacts of this industry and the need for disclosure, buffer zones and a health study.

  • There are medical doctors who treat expectant mothers and deliver babies at the Kauai Veterans Memorial Hospital in Waimea who believe there is 10X the national average of a rare heart defect among their patients with newborn children. This is part of the public record.
  • On several occasions students, teachers and staff have became ill at Waimea Canyon Middle School and at Kekaha Elementary School after or during times when pesticides were being applied in adjacent fields.
  • There was a “die-off” of over 50,000 sea urchins verified by local aquatic biologists on the shore subject to pesticide runoff.
  • Approximately 150 long time residents of Waimea Town are suing DuPont Pioneer because of negative health impacts they believe are a result of the companies’ pesticide applications.
  • A majority of Kauai pediatricians, the Hawaii Nurses Association, the Hawaii State Teachers Association, Local 5 Hotel Workers and many, many other groups and organizations submitted testimony in support of Bill 2491.

Yet the State of Hawaii’s response to these concerns has been abysmal to non-existent.

There is no State or Federal law expressly denying the County authority to regulate pesticides, and until now no court has ever ruled on the issue with regards to Hawaii’s situation. In other words there is no State or Federal law that says Kauai County may not regulate pesticides.

Judge Kurren concluded that even though there is no State or Federal law that says the County may not regulate pesticides, the State intended to retain exclusive authority over pesticide regulation. In other words, even though the State did not say it directly, that is what they meant to say.

Judge Kurren also said, “This decision in no way diminishes the health and environmental concerns of the people of Kauai.”

The issue is far from over and while an appeal will take a year or more to run its course there are many other additional ways to pursue the same ends. To be clear, our community’s resolve to protect the health and environment of our island home has likewise not been diminished but only strengthened.

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