Friday, June 21, 2013

Musings: Insider-Outsiders

Councilman Gary Hooser got his pesticide disclosure/GMO moratorium bill off to a strong start, with a well-written article in The Garden Island and support from the national Pesticide Action Network (PAN), which has put up a flash Stop Poisoning Paradise website and is doing media outreach.

Now we'll see whether the rest of the Council — Tim Bynum is a co-sponsor — goes along next Wednesday. A majority must approve Bill 2491 on first reading, which then gets it a committee assignment.

It's a bold bill, and I give Gary a lot of credit for introducing it. Especially since we do not have a bold county government. 

Gary reportedly asked Chair Jay Furfaro for at least 90 minutes of meeting time as folks from the Center for Food Safety are flying in give the Council a presentation on pesticides and GMOs. But Jay allocated just 20 minutes.

And the bill hadn't been out an hour before I started hearing a buzz from official quarters that the GMO moratorium part is most likely illegal. The chemical/seed industry, which has some of the best lawyers that money can buy, will no doubt do everything in its power to stoke the fear of a monumental lawsuit. Unfortunately, such tactics are frequently successful with Kauai County, which is terrified of being sued.

Already we are hearing Jay and Mayor Bernard Carvalho Jr. say that pesticide regulation is really a state function, which is not very secret code for "we don't want to touch it."


In its press release, PAN notes  "this all-volunteer, citizens’ effort expects a lot of opposition from pesticide-GE seed corporations." That's true, although watch for significant opposition as well from farmers, ranchers, pest control companies, golf course owners and all the myriad people who use and sell pesticides, as well as those with economic and job concerns. Oh, and let's not forget the powerful landowners: A&B, Grove Farm, Kamehemeha Schools, Gay & Robinson, the state. None of them want to lose lessees willing to pay top dollar for land.

And I'm not sure it truly qualifies as "an all-volunteer, citizens' effort" if PAN and Center for Food Safety are involved. That doesn't bother me personally, as both groups do a lot of good and the local movement needed direction.  However, this is provincial little Kauai, which tends to circle the wagons when it thinks outsiders are trying to come in and run things.

Of course, the chemical companies are also outsiders, but they're the outsiders that the state has courted and supported, which makes them insider-outsiders, especially since they're spending money.  

I believe there is a lot of community interest in the pesticide issue, though this bill addresses only restricted use pesticides applied by companies that purchase more than five pounds or 15 gallons annually. Or in other words, Kauai Coffee and the seed companies. 

State records show these companies use a lot of gnarly stuff, in sizable quantities, including atrazine, Dursban, Lorsban and other proprietary chemicals. According to court documents filed in the pesticide dust lawsuit against Pioneer, that company applied pesticides to its West Kauai fields on 67 percent of the days in a year.

And when they're controlling some 12,000 acres from Lihue to Mana, the impact is going to be significant. People have both the desire and the right to know what these companies are spraying, as well as when and where. Experimental pesticides are another serious concern, as these haven't gone through the full federal regulatory process.

I worry, however, that the pesticide issue — which is very quantifiable, with lots of scientific data showing impacts — will be overshadowed by the GMO issue, which isn't quite so cut and dried, at least in terms of scientific studies.  I would have preferred to see separate bills, though it can be a political strategy to drop the sticky part of proposed ordinance to get approval on the rest.

I also think it's questionable to have Kauai County conduct an EIS to ascertain the impacts of growing genetically modified crops on the island. Typically that burden and those costs are borne by those who are proposing a use. The language in the bill relating to an EIS is also really broad, including testing human volunteers for pesticide residues. I'm not an attorney — as some commenters like to remind me — but I think it would be tough to prove that a person's pesticide burden can be directly linked to the cultivation of GE crops. 

But my biggest concern about the bill is how it gives permitting oversight and other responsibilities to the Department of Public Works — the same guys who were approving vacation rentals with enclosed downstairs in the flood zone, the same guys who now spray Roundup on county parks and roadsides.

Let's face it. The county totally sucks at enforcement.  I've already heard that the anticipated enforcement for this bill will be self-regulation by the industry. 

First, though, it has to pass, and while I'm a perennial optimistic, I'm also a pragmatist. The seed companies have deep pockets and years of experience running propaganda campaigns. More important, they hold the all-powerful westside employment card.  And when it comes to choosing between money and the environment and human health, well, we know which one has always won in Hawaii.

To use an agricultural idiom, getting this bill through the County Council is gonna be a tough row to hoe.

50 comments:

Anonymous said...

A vote for this bill is a vote against Cancer.

Anonymous said...

6/21 5:21 - that says it all in a nutshell! Let's tell the seed companies to get the hell off this island!

Anonymous said...

i thot it strange that the county would do the EIS, maybe its part of the stragity, but did the GMO corps not have to do one before they started, clarifying what their intent was and what types and amounts of poisons they were going to use ? or did they just buy/lease the land and start doing their thing ??

Anonymous said...

5:52....well what do you think......follow rules/laws, I don't think so! By thw way, where is everybody....pow hana still on?

Anonymous said...

Good review of Bill 2491 Joan. Just to clarify: Council Chair Furfaro has not been a roadblock in any way. He offered the 20 minute slot to people from The Center For Food Safety as they are coming in from the mainland especially for this hearing. We did not have any discussion that I can recall involving a 90 minute option. The Chair has been very accommodating and scheduled this important Bill promptly just as soon as it was requested. If he so desired the rules allow him to take up to 150 days to place something on the agenda and he placed Bill 2491 on within 7 days of the request. Gary Hooser

Anonymous said...

Also on the issue of moratoriums: Moratoriums are temporary in nature and in the case of Bill 1491 do not represent a "taking" as the landowner still has many legitimate options with which to use the property. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 535 U.S. 302 (2002),[1] is one of the United States Supreme Court's more recent interpretations of the Takings Clause of the Fifth and Fourteenth Amendments. There are numerous examples of temporary moratoriums that have been upheld by the courts when established to serve the public interest. Gary Hooser

Anonymous said...

Sorry meant Bill 2491 not 1491 gh

Anonymous said...

And with regards to the nature of an EIS: As Director of the Office of Environmental Quality Control - I learned a whole lot about Environmental Impact Statements and Chapter 343 HRS. Yes, in normal circumstances the "applicant" applying for a permit would conduct the EIS. However it would be difficult if not impossible to request a business to conduct an EIS "after the fact". As such the County conducting the EIS seems to be the only realistic option if one wants to independently study and evaluate the impacts of this industry on our County. The testing component at the minimum will establish a base line but may also provide evidence of contamination if it exists in our soil, water air etc. GH

Joan Conrow said...

Thanks for the additional information, Gary.

Anonymous said...

so there was no EIS prior to them starting their venture ??

Anonymous said...

No there was no EIS - in-fact they weaselled their way out of one, I believe one was suppose to have been required for their leases on state land!

Anonymous said...

Wasting our tax dollars....again. This time in trying to regulate something that is already regulated by the state and federal government, funded by our hard earned $$$. Now the county wants to spend even more of our dollars to fund their own EIS and regulatory agency. Like it would ever happen! Even if this bill gets passed how much of our money will they waste in legal fees fighting against these companies? Gary Hooser may claim he has a right to know but it would save us all a lot of money if he took the time to realize what he wants to know is already public information. I think he is just to lazy to find it.

Anonymous said...

I want those pesticide companies to disclose under oath what and where they are spraying, with jail for false disclosures. I don't want my little girl playing in a pesticide laden park. I'd rather have my grandchildren without the cancer and birth defects thank you.

Anonymous said...

Google atrazine and cancer. Scary.
Workers at Syngenta read ... http://www.pesticide.org/get-the-facts/pesticide-factsheets/factsheets/atrazineprostatecancer

Anonymous said...

In response to 10:53:
* The Bill provides for the EIS and the permitting system to be paid for using property taxes directly associated with the regulated commercial operations. In addition, the Bill allows the County to charge permitting fees which can be used to fund implementation and enforcement
* The disclosure information sought in the Bill is not available to the public. I have spent months trying to obtain this information and the County has spent hundreds of dollars and made numerous official requests - and still the information is being withheld from the County and from the public. gh

Anonymous said...

Thank you coucilman Hooser! I am so glad that you are in office to represent many of us here on Kauai. We too have been trying to protect ourselves from Pioneer's reckless practices. The company has not been a good neighbor and the Robinson family should not have leased the land on the plains above the Waimea River without an EIS---too many citizens in Waimea are suffering from the operations in that area. To 10:53 pm, at this point, it is not about money---it is about safety and health, not only to human beings, but to the aina and all the creatures who must survive to have our dear earth survive! Aloha and malama the aina! Please don't forget what our state motto is!

Anonymous said...

Lets count the votes...
Ok, somebody start working on Ross NOW

Anonymous said...

Joan, have you ever tried to speak to the Mayor about any of the issues facing Kauai recently? The Planning Department fiasco, GMO, excessive special counsel costs, etc? He has been extremely quiet. Unless it is for a public appearance, or promos. Just curious.

Anonymous said...

Sometime ago, there was an article in GI about a seminar/meeting at KCC regarding high percentage of cancer on Kaua`i. I think it was written by our reporter who goes all over the place in his writing. It never got to the meat of the issue. As in "cause". Is anyone addressing the current relationship? Seems that would be huge in the case.

Anonymous said...

Here it is:

http://thegardenisland.com/news/local/cancer-concerns-voiced-at-packed-kcc-meeting/article_3006abd8-765a-11e1-9e50-0019bb2963f4.html

"Dr. Katarina Leckova, an oncologist at the Kaua‘i Medical Clinic, said through her personal observations since arriving on Kaua‘i, she has noticed higher incidences of cancer on Kaua‘i than on other islands after comparing her observations with colleagues.

Additionally, she noticed higher incidences of certain types of cancer within the various ethnic populations on the island, and of more concern, the higher incidences of cancer and epidemiological disorders in certain areas on the island."

Anonymous said...

For Big companies like Monsanto, Syngenta, etc....
Making money is the bottom line here....its not about preventing cancer or neurological problems (got Parkinsons'?)nor helping the community to be self sustaining in a healthful environment...nor children's health.

The workers are in the dark. "For give them Lord, for they do not know what they do."

Perhaps visuals make a better impression than words i.e. Power Point with pictures of workers with cancers related to pesticide use (got Lymphoma?)

I do not have high hopes of this bill passing because of all the ignorance related to the use of pesticides that plague the administration and state government in general.

Yes they create jobs.....and also, increase health care costs and decrease life expectancy.

Dr Shibai

Anonymous said...

I can believe there are major health issues here pertaining to the use of pesticides. Vietnam Vets and even Vietnamese today are having major issues with Diabetes, neurological issues, etc. Just being on the west side, we've had issues with respiratory, upper GI tract issue and even cancer when the last 35 plus years we've never had any issues. Just wondering what we'll have to deal with later on in life with the exposure we've had.

Anonymous said...

Sorry, that should been "Vietnam Vets and even Vietnamese today are having major issues with Diabetes, neurological issues, etc due to the high usage of Agent Orange and other dangerous pesticides during the Vietnam War"....got ahead of myself and pressed Enter too early.

Anonymous said...

This bill is an example of a couple of well fed, political self seeking hacks, who are pandering to hysteria and emotion. These 2 Jumbos couldn't identify a GMO or sabedong if it was wrapped up in their Big Macs. Kauai is fortunate that the large landowners are not trying to get super developments on their land etc to pay for the already cumbersome Government rules. Leave the real farms alone, there are already heavy State and Fed rules. Let the council try to fix the real problems that face Kauai, traffic, housing, crime, beach access etc........The 2 big County boys motto should be - What is mine is mine and what is yours is mine......We are smarter and know how to handle your business better than you.....

Anonymous said...

The County is spending too much on special counsel and they're afraid of lawsuits? Imagine how much they'd spend if they weren't afraid.

Anonymous said...

Good question:

"but did the GMO corps not have to do one before they started"

Anonymous said...

There is one very important aspect of this PESTICIDE BILL if it is successful: jobs. jobs. jobs.

It will put a whole lot of folks to work doing park and roadway clearing.

Isnʻt that the #1 excuse developers throw in our faces to get approvals? It applies here with this new attempt at rational and smart thinking. This is a brave bold step and anyone that is not on board will stick out like a rusty nail.

Thanks, Gary (and Joan), for following this thread and answering questions satisfactorily.

There is no valid reason in existence for any council member to oppose this bill. If they do, we need to hear their excuses and pay close attention. I believe this will be the maker/breaker of candidates in the next election.

I can predict who will oppose: Yukimura, Nakamura, Kagawa and possibly Furfaro because he does everything that Joanne wants. But if I am wrong, I apologize, Jay.

Anonymous said...

Why WOULDN'T our council vote for disclosure?

Anonymous said...

Jay got da GMO frog gene.

Anonymous said...

First they ignore you, then they ridicule you, then they fight you, then you win . by Mahatma Gandhi
* actually original source of quote is in question but many sources give it to Gandhi gh

Anonymous said...

Sugar and pine weren't organic and you know the impact that the industrial revolution had on Hawaii and the world's environment. Same people running the show, folks.

Anonymous said...

You are right. The County does not have the capability to regulate pesticides and GMO ag. Gary should have stayed in the Senate and worked on a bill that would be enforced by the Department of Health and Department of Agriculture. Those agencies have the expertise to administer this law.

Anonymous said...

Disclosure, buffer zones, a ban on open air testing and an EIS - is not rocket science. The County can handle. Gary did try on many occasions while in the Senate but the industry and their friends have far too much influence and the high bar of passing a Bill in the House and the Senate...Plus this is a Kauai specific issue. No where else in the State is there such a concentration of RUP's and GMO's. Why would the Oahu legislators and even those on Maui or in Hawaii County feel any pressure to regulate when their communities are not incurring even a tiny fraction of the impacts that are happening here? gh

Anonymous said...

Sugar and pine are a far cry from GMO which is its own special breed. So where you goin with that June 23, 2013 at 12:31 PM?
The bill is talking about pesticides.

Anonymous said...

If anyone is interested read "Dirty soul and diabetes: Anniston's toxic legacy" on www.environmentalhealthnews.org.


Is there any similarities with the west side of Kauai and Anniston, Alabama?

Anonymous said...

Why WOULDN'T our council vote for disclosure?

Anonymous said...

Sugar and pine are a far cry from GMO which is its own special breed. So where you goin with that June 23, 2013 at 12:31 PM?
The bill is talking about pesticides.

June 23, 2013 at 4:20 PM

I'm saying the A&Bs and Grove Farms and Del Montes and Amfacs used pesticides and herbicides when cultivating sugar and pine, as do all industrialized forms of agriculture.

Anonymous said...

Not saying it was right, but that's the way it was and I guess it hasn't changed.

Anonymous said...

Big Island has GMOs.

http://www.bigislandvideonews.com/2013/05/29/hawaii-county-postpones-vote-on-gmo-ban/

This is a statewide issue.

Anonymous said...

City Beat reported this morning that Hawaii State has approved 8,700 different pesticides for use in the islands.

And....we wonder why so many people are sick (cancer, neurological problems, and brain dysfunctions in the elderly).

I think the companies that promote the use of their toxic chemicals pay for the medical treatments they people need.

Dr Shibai

Anonymous said...

It has been alleged that the danger is in the combination of pesticides. Similar with the pharm companies combining vaccinations for children which raise the danger/reaction level.

I am sure back in the sugar cane days, the application was simpler, thus not the level of issues we see today.

This point of view needs to be up ramped up to get action from the political front.

Anonymous said...

POV ramped up direct from those with scientific/medical background and first hand those affected.

Anonymous said...

Hooser and Bynum are idiots. Federal and State governments regulate pesticide use. The County has no expertise or jurisdication over this matter. The County cannot even manage TVRs and Hooser wants them to manage the Agricultural industry. Ridiculous.

Anonymous said...

Agree with 11:32. Hooser replied earlier that he would fund the EIS from property taxes from the seed companies. Good luck. The companies lease all of their land. Way to go Gary.

Anonymous said...

I have done the research. About half the land the Seed Companies control on Kauai is State land, ceded lands that are leased and/or licensed to them by the State's Agricultural Development Corporation. Property taxes are due to the County of Kauai on these leases and though they have not been paying their property taxes they are now on notice from the County of Kauai. The taxes are due and these companies will pay. Those funds can be used to implement the provisions contained within the ordinance. gh

Anonymous said...

Wouldn't those tax dollars already be budgeted for something else?

Anonymous said...

too bad you (gh) didn't do your homework on the actual science and research done on the subject of Genetic Engineering. Justifying your attempts to shut down the industry by regulating it to death with rumors and misinformation as your proof is disappointing to say the least.

Joan Conrow said...

"Wouldn't those tax dollars already be budgeted for something else?"

No, they weren't even previously identified.

Anonymous said...

To the GM person June 25, 2013 at 11:06 AM

You say GMs are regulated to death? Where have you been?
GM companies have zero regs. Thatʻs the problem.
Get off Hooserʻs back, sit back and shut up.

Anonymous said...

I have a prediction for tomorrowʻs PESTICIDE BILL hearing:
Yukimura, Nakamura, Kagawa, Furfaro will motion to defer.

And at the following hearing, theyʻll do it again.

Because, after all, letʻs face it...Joanne, Nadine, Ross are not the sharpest tools carving the tiki when it comes to comprehending a legal doc. Although, they would have everyone believe they are in the scholarly class.

The excuse will be more time to review for ʻthe county liabilityʻ.