Wednesday, September 25, 2013


FOR SALE: SLINGS, ARROWS AND OUTRAGEOUS FORTUNE: Governor Neil Abercrombie's little attempt at humor in calling for the chemical companies to "temporarily" release some vague information about pesticide use on a "voluntary" basis via some unknown rules (or laws or Kingly decrees) to be promulgated at some undetermined point in the unforeseeable future, has Kaua`i doubled over- although it's unclear whether it's with laughter or pain.

But it did do one thing- it exposed how all four Kaua`i legislators have sold their political souls to their corporate overlords rather than represent the views of the 90% of their constituents who support something a little more specific... like Bill 2491 which is headed for another Kaua`i County Council committee meeting on Friday at 9 a.m.

But who expected anything else? According to research by Babes Against Biotech's Nomi Carmona, Abercrombie has taken $34,400 from the chemical companies and their lobbyists ($58,200 if you include wives and kids of lobbyists), Rep. Jimmy Tokioka comes in at a cool $9,650 , Sen. Ron Kouchi has pocketed $6,050 for his campaign coffers, Rep. Derek Kawakami got $2,000 and rookie Rep. Dee Morikawa received $700.

But the good news is that all no one seems to be naive enough to think that the "proposal" will have any effect on Friday's meeting. But you can expect bill opponents, Councilmembers Ross Kagawa and Mel Rapozo to beat their chests and kick up some gorilla dust, waving around Abercrombie's gambit a few times before they all get down to business.

When we last left our merry band of lawgivers some thought they observed a deathbed conversion from Ross Kagawa whose last minute political pivot found him actually endorsing an "environmental study"- the third part of the bill which also calls for buffer zones and real disclosure of pesticide use, including the specific types used at specific times on specific days at specific locations as opposed to the "aggregate" total amounts Governor Abercrombie called for- something that is pretty much required by the state now.

But what we really saw was a different type of conversion, that of a sow's ear into a silk purse after Kagawa and Rapozo realized that Councilpersons JoAnn Yukimura and Nadine Nakamura were going to support the buffers and disclosure parts.

That left the "study" as their only handle to get a grip on the bill in order to kill it. And therein lies the rub because something smells rotten in the state of Lihu`e and it ain't bubble gum masking agent.

Hawai`i state law HRS 343, also known as the Hawai`i Environmental Protection Act (HEPA), is the state's version of the National EPA (NEPA) with each describing their respective Environmental Assessment (EA)/Environmental Impact Statement (EIS) processes.

And that's the third part of what the bill calls for- a moratorium on new open-air testing of genetically modified organisms (GMOs) and associated Restricted Use Pesticides (RUPs). pending the county's performance of an EIS.

Because in fact that's what the facilities out in Waimea actually are- not "farms" but testing grounds for open air chemical experiments with people as the collateral guinea pigs. And despite the obvious need for environmental study one has never been conducted.

But Yukimura doesn't want to use the EA/EIS process calling it a "consultants' retirement plan"- a phrase many of her base supporters became familiar with in speaking to her in the weeks leading up to the last committee meeting on September 9.

Instead she and Nakamura- aficionados of the 1990's Steven Covey "Seven Habits of Highly Manipulative A-holes" (or something like that) series of high priced books and seminars- have suggested their own version of an "environmental study" and plan on introducing amendments to effectuate that version at Friday's meeting.

Apparently the thinking must be that if Kaua`i can take on the feds and state for failing to protect the health and safety of its citizens, we can also rewrite environmental law with our own version of the EA/EIS process.

The "Adler Process," as some call it locally- named after UH Professor and long-time professional "facilitator" Peter Adler- has been dubbed by many as the "Kumbaya Roundtable" where all the "stakeholders," including those who have no intention of negotiating anything, get "a seat at the table" so they can presumably come away with a "win-win" (put that in double quotes)... either that or they sit at the table for years if necessary until they either drown in butcher paper (you had to be there), drop dead of old age or they find at least one thing they can agree on- which is usually not to meet any more.

It can be endless and pointless and allows anyone who wants to obstruct any resolution to be the big winner while the rest walk away scratching their heads asking "what just happened?".

Instead of being a consultant’s retirement plan it's a facilitator's career plan.

Oh- did we mention that Nakamura's is professional "facilitator?"

Anyway that explains what Ross and Mel were up to when they suddenly "supported the bill." By the time Nakamura and Yukimura had finished describing their amendments that would turn the EIS into a "facilitated roundtable," two things were painfully apparent to Ross and Mel.

The first was that Nakamura and Yukimura had earlier indicated that were going to support disclosures and buffer zones, if not in the precise form in which they appear on the bill now, then at least close enough for government work. And that would make four votes assuming they and the bill's introducers Gary Hooser and Tim Bynum can find wording that all four of them like- which seems likely.

But Bynum and Hooser are not about to accept the never-ending, shaggy-dog-story of the facilitated "Barney approach" (I love you, you love me...) with Bynum saying that if they didn't call it an EA/EIS but stuck to the precepts described in HRS 343, he- and presumably Hooser- might be okay with that.

Which left Kagawa and Rapozo an opening to if not kill, then severely gut what they can by supporting JoAnn's and Nadine's "make-kissy-face-with-your-opponent" plan, thereby leaving their corporate masters- and, they hoped, the naive public- all singing Kumbaya... and with four votes for the interminable study, one-third of a loaf being better than no loaf at all.

Will JoAnn and Nadine risk their political futures by refusing to okay an EIS or EIS-based study? Will Ross and Mel heads spin around three or four more times during the day until somebody (probably us) throws-up? Will Tim and Gary be able to convince JoAnn and Nadine that this is one of those once in a political lifetime deals where doing the right thing actually lines up with it being political advantageous? And will Council Chair Jay Furfaro feel jilted and neglected by all this lack of attention and sell his vote for flowers and candy?

Tune in Friday at 9 a.m. for another episode of "What Dreams May Come."

Sunday, September 1, 2013


AROUND THE TURN AND DOWN THE STRETCH THEY COME: It's crunch time for Bill 2491 as a series of events this week lead up to the big Kaua`i County Council committee meeting on Tuesday September 9, including the ManaMarch and Rally on Sunday Sept 8 when thousands are expected to gather at Vidhina Stadium in Lihu`e at 11:30 a.m. and and noon march up Rice St to the County Building where music and fun are promised.

But before that on Thursday Sept 5 the council will be holding a executive session meeting on the bill that would require disclosure of restricted pesticide use, buffer zones around schools and homes and a moratorium on new experimental Genetically Modified Organism (GMO) tests pending an environmental assessment.

Closed door meeting or not, organizers are urging people to make a showing in their red shirts to show support for the bill. Even though public testimony will be taken (by law), since most everything that can be said to the council has been said, it would seem counterproductive to make it into a repetitive public yak-fest.

So what is The State Of The Bill this week? And what are both the white hats (Gary Hooser and Tim Bynum) and the black hats (Mel Rapozo and Ross Kagawa) planning?

Near as we can tell despite the fact that the chemical/biotech/just-plain-simple-farmers' massive million dollar PR campaign has put bullet after bullet into their own feet with counter-intuitive shmaltz and "did he really say that" common-sense-defying, expert blathering, there are still at least 17 people left on the island, with the exception of employees and vendors, who actually oppose the intent of the bill.

But for the other 60,742 of us the important numbers are 2-2-3: two yes votes, two no votes and three "how am I going to get through this without killing my political career and/or legacy" votes.

On the 9th it's expected that the noes, Mel and Ross, will put up a fight on a few fronts to give cover to councilmembers Nadine Nakamura and Jay Furfaro to vote to kill the bill entirely and JoAnn Yukimura to water it down with amendments that could allow it to pass but make it all but totally ineffective.

On the legal front all indications are that neither the County Attorney nor Attorney General is going to say there is any type of state law "preempting" the county's state constitutional right to regulate the health and environmental safety of it's citizens. There is no question of preemption at the federal level as even the chemical companies' lawyers have agreed, there being strong US Supreme Court rulings saying that the county has those rights.

It is expected that some other big gun attorneys will show up to support the legality of the bill and it's looking like there's not much the "other five" will have on this front.

Then there are the "medical" issues... for lack of a better term.

JoAnn Yukimura has been making a lot of noise at a pitch only a lawyer can hear, trying to look for the definitive link to an actual proven medical epidemic of pesticide-related disease. This of course is NOT what is required as medical review, unlike law, is a very long meticulous process where "proof" of harm is concerned. But all that is needed legally here is the strong POTENTIAL for harm.

And there's no one but those Roundup-guzzling salesmen denying a pervasive potential for harm.

First there's the American Council on Pediatrics strong disdain of child exposure to any pesticides and the growing undeniable exposure of Waimea children at their schools and residences and other areas exposed to the wind drift. There's the sheer number of days and types of restricted use pesticides (RUPs), which are used in open air experiments 240 days a year, with each day having the potential for use of multiple RUPs. And there's the testimony of apparently all the pediatricians and almost every doctor and other health care provider on the island, all warning of the harm they are actually seeing.

To pooh-pooh this as being "only anecdotal" and not real potential harm is to misunderstand the nature of medical inquiry. It's painfully obvious why there are no "25-year studies" and as a matter of fact a law that requires disclosure is the first step in setting up these studies.

That kind of study is something that our state Department of Agriculture (DOA) seems to be working as hard as they can to prevent, ignoring and even misrepresenting the incidents of poisonings and looking more and more like shills for "Big Chemical" than the state level protector of the health of the people.

Wanna see something really scarey? One of our researches who has seen the DOA's inspection logs says that they made only 175 total inspections of all pesticide users in Kauai county over the past two year period. Of these inspections they have redacted 45% as "ongoing investigations" of "open cases" where violations could supposedly lead to enforcement actions- although enforcement of regulations in government circles is usually more a case of "seeking compliance" instead... sometimes years after the violation.

In these ongoing cases all the information is blank so no one in the public has any idea what the violation even is (or was). Of the unredacted inspections there were only 29 during a two year period that were done on the operations of the four agrochemical companies or 3.625 inspections per company per year... about one every hundred days. And they tell them when they are coming.

Don't forget about those 240 spraying days a year, according to information revealed though the current federal court lawsuit against Pioneer filed by 100 west-side people who say they've been harmed by the chemical companies pesticide practices.

Additionally, the Kaua`i DOA representative said in an open council session that it takes up to 3 years to resolve and close a case. They also said they don't even publicly notify the community when violations occur but only when they are resolved and then only if a member of the public requests the information.

And just ask anyone who has ever requested information from a state agency how easy that is. And that's for agencies that don't have anything they want to hide.

Which brings us to what will probably prove to be bill supporters' biggest challenge next week- one people need to be fully aware of and fight like hell to stop it from happening.

Ross and Mel are determined to find a way to stop this bill- all of it. Killing it entirely most likely won't happen although remember what we said about JoAnn (Nadine too in past posts) and amendments. The disclosure and buffer zones look strong unless someone wants to throw away their political career or, in Jay's case, legacy.

The only way to stop it is to kick it upstairs.

We were discussing this with a long time observer and political operative on Kaua`i and, not surprisingly, we saw our own thoughts reflected in the email: It read:


What needs debunking is the laughable notion that "the state or federal government will take care of this for us if only we put pressure on them." It's the old "I'm going to write a letter and we can all sign it" strategy...just plain stupid.

"This is not our job and we will demand that the governor, the state legislature and the EPA and congress (in between voting to go to war)... make them do their jobs."

I can see it now. Kouchi and Tokioka will agree to "draft a Bill". The DOH and the DOA will agree to "look into updating the rules" and maybe the governor will even "establish a task force"...and see, is all handled and several council members will say " is all handled...look what we did we will write that letter... and we will all sign it...demanding that they do something...and then we'll get really tough... we will schedule a follow up meeting to make sure it happens."

As you and I know...nothing will happen except the process will drag for another 2 or 3 years...the industry hacks and attorneys will do their thing at the legislature during the long drawn out rule making process...and at the end of the day there will be bupkis, nada, nothing.

Plus...a quick scan of the campaign spending reports shows several of our legislative people are clearly taking piles of money from the biotech and gmo industries. And...the Chair of the Senate Ag committee (where any legislation will have to pass through) has also taken plenty...including donations from pharmaceutical companies (now why would a pharm company give to an Ag Chair?). I only skimmed very quickly the reports and found the obvious direct contributions and have not yet googled individuals or looked at the lobbyists numbers to see who the lobbyist who was giving money had as clients. I can't imagine what that will show...


All snark aside you get the picture. This little dance is a tried and true way for these snakes to slither out of dealing with political grenades once they've failed to table them with 14 "Star Chamber" executive sessions where they come out and say "We can't tell you what it is but there's a very good reason we're killing this."

To put a fresh spin on an old canard: "We could tell you why but then we wouldn't be able to kill you"

This is really what we have to prevent. Mel is a master of this kind of "it's someone else's fault/responsibility" fake outrage. When you're watching him do it remember what you're watching.

This is going to be a week when everyone needs to play the part they've taken and play it like their life depends on it. It just might.


Other events this week include:

Tuesday September 3 from 5-8 p.m. An informational meeting/"fun event" for south-side people at Po'ipu large pavilion. Nurses and friends of Kauai will answer questions based on new information from the American Pediatric Association about pesticides.

Wednesday September 4 at 5 p.m. Sign making and planning for Sunday's March and Rally- pot luck; dance with DJ at Lydgate Big Pavilion.