Court ruling could trigger environmental assessment for Kauai seed production project

HONOLULU (HawaiiNewsNow) - A Kauai seed production company may be forced to do an environmental assessment because of a ruling from the state Intermediate Court of Appeals.

Environmentalists hope it will force the state to finally review the impact of herbicide and pesticides there.

Syngenta is one of several companies taking advantage of Hawaii’s climate to test and grow herbicide-resistant corn seed.

The issue is whether there should have been an environmental assessment when it was issued its permits.

Kauai resident Anne Frederick, executive director of the Hawaii Alliance for Progressive Action, said they welcome the ruling.

“The environmental impact, potential public health impacts have really never been well studied in this area. And that’s really why we filed a lawsuit,” she said.

The 61-acre parcel of state land in Kekaha, between a shoreline drag strip and the highway, is sliver of Syngenta’s 4,000 acres in Hawaii.

When it was converted from sugar to herbicide-resistant seed production, the Hawaii Board of Land and Natural Resources didn’t consider it a significant enough change to require an environmental study.

Attorney Lance Collins sued the state on behalf of Kauai environmental advocates.

“For a long time that parcel been used to propagate basically the sugarcane saplings. And it was shifted to this experimental seed operation, which heavily relies on restricted use pesticides,” Collins said.

In court filings the state Attorney General argued, “the boards’ action here merely preserved the status quo, and had no effect on the environment.”

But in its ruling, the Intermediate Court of Appeals said:

“There were genuine issues of material fact on whether Syngenta Hawaii’s proposed activity was exempt from the preparation of an EA (Environment Assessment).”

Frederick said, “We thought that the board should have never granted Syngenta exemption from environmental review and we’re grateful that the courts are now have agreed with us.”

The appeals court vacated a decision of a Circuit Court judge who sided with the state Attorney General’s Office. That judge must now decide whether to order the DLNR to reconsider the permit.

Collins is hopeful.

“There will be hopefully environmental review of the activities that are on these parcels that basically affect beach users affect the people who use the drag strip, and the nearby residences, particularly the restricted use pesticides,” he said.

Collins said the state has lost the same argument before when renewing permits over things like water uses, harvesting fish for aquariums and other commercial uses.

But he says the state’s lawyers haven’t changed their approach.

“Apparently environmental protection, which is a constitutional right that everybody in Hawaii has, is not a top priority, you know, for the attorney general,” Collins said.

The Attorney General’s Office said it is reviewing the ruling and would not comment further. Syngenta did not respond by deadline to Hawaii News Now’s request for comment.

Copyright 2024 Hawaii News Now. All rights reserved.