Wednesday, September 25, 2013
FOR SALE: SLINGS, ARROWS AND OUTRAGEOUS FORTUNE
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."
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
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,
there...it is all handled and several council members will say
"whew...it is all handled...look what we did mom...plus 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.
Sunday, August 11, 2013
PROGRAM, GET YER PROGRAM
PROGRAM, GET YER PROGRAM: What
would a game be without a rundown of the players, the games they're
currently playing and what kind of pitch will work on each- and for
that matter who not to even bother to pitch to.
Here's the third inning morning line for those betting on passage of Bill 2491 (regarding pesticides and GMOs)... with the prospects for each of the Crudville 7.
Of course Gary Hooser and Tim Bynum are the people's champions. Follow their lead. It's that easy.
Mel Rapozo is with Ross Kagawa and both are in the pockets of the biotexters- don't be fooled by anything either might say or do. The two of them are trying to kill the bill, currently by keeping it in committee where they may have the votes to do so permanently, waiting for a legal opinions that will never come.
Don't let Mel trick you into thinking
he is genuinely doing anything but trying to kill the bill. Don't
forget- he and Ross both didn't care how much it's going to cost to
defend Mel's palsy-walsy Shaylene Iseri-Carvalho and both he and Ross
said so just a couple of weeks ago. Mel is a snakey-wakey and may
slither into some other corner next week but for now he's coiled to
delay the bill in committee forever. Don't misunderestimate Mel. Ross
would be helpless without him.
Gary and Tim need to get the bill out of committee to the floor of the full council (where the vote count will be tied at 2) and work amendments and votes there. One big problem in committee is that Gary is the chair and cannot make a motion or a second- including to offer an amendment- so even presuming he has a motion or a second from JoAnn Yukimura, unless Nadine Nakamura goes along with what he wants he cannot even get it considered in committee. (Tim is not on the committee; nor is Council Chair Jay Furfaro).
As far as JoAnn goes, she will most likely support most of the bill especially on the pesticide "right-to-know" section. But she could also allow some not-so-great amendments and may even allow Mel and Ross to bamboozle her with the legally non-existent "preemption" crap in order to find the equally non-existent "win-win."
Nadine is not as much of a "no" as her vote to defer last Monday might make you think- she just wants it all to go away and will probably go with the majority on anything, including amendments. She is known for trying "compromise away" the meat of a measure but probably feels powerless to do that on this one. She apparently only voted to defer because that was going to be the outcome anyway- don't forget, technically Gary voted for the deferral too.
Jay may be genuinely on the fence. He is a lifelong corporate man but likes to see himself as a Hawaiian defender of the environment. In terms of his legacy he sees a lot of it as being his grandchildren and a protector of the `aina... that kind of thing. Don't forget he is retiring and probably understands that no matter what he does this will be his legacy- whether he likes it or not he will be remembered for what he does on this bill. He can be convinced but will not like "doing the work" on the council floor (as opposed to in committee). He can be lobbied hard on a "do what's right for your grandchildren" basis.
JoAnn will probably vote for the bill but what amendments she will ask for is anyone's guess. She may even fall for Mel's and Ross' can't-afford-a-lawsuit drivel. She needs to be reminded who her friends are (in politispeak who her base is) but she is always doing her Steve Covey "win-win/keep the end in mind" stuff so if you speak that language, speak to her.
Don't forget- it essential to get this bill amended and out of committee ASAP to get to the real action. And for all you handicappers worried about what you know they they don't know (as opposed to what they know that you don't) remember- it's not like they don't all know this already.
Gary and Tim need to get the bill out of committee to the floor of the full council (where the vote count will be tied at 2) and work amendments and votes there. One big problem in committee is that Gary is the chair and cannot make a motion or a second- including to offer an amendment- so even presuming he has a motion or a second from JoAnn Yukimura, unless Nadine Nakamura goes along with what he wants he cannot even get it considered in committee. (Tim is not on the committee; nor is Council Chair Jay Furfaro).
As far as JoAnn goes, she will most likely support most of the bill especially on the pesticide "right-to-know" section. But she could also allow some not-so-great amendments and may even allow Mel and Ross to bamboozle her with the legally non-existent "preemption" crap in order to find the equally non-existent "win-win."
Nadine is not as much of a "no" as her vote to defer last Monday might make you think- she just wants it all to go away and will probably go with the majority on anything, including amendments. She is known for trying "compromise away" the meat of a measure but probably feels powerless to do that on this one. She apparently only voted to defer because that was going to be the outcome anyway- don't forget, technically Gary voted for the deferral too.
Jay may be genuinely on the fence. He is a lifelong corporate man but likes to see himself as a Hawaiian defender of the environment. In terms of his legacy he sees a lot of it as being his grandchildren and a protector of the `aina... that kind of thing. Don't forget he is retiring and probably understands that no matter what he does this will be his legacy- whether he likes it or not he will be remembered for what he does on this bill. He can be convinced but will not like "doing the work" on the council floor (as opposed to in committee). He can be lobbied hard on a "do what's right for your grandchildren" basis.
JoAnn will probably vote for the bill but what amendments she will ask for is anyone's guess. She may even fall for Mel's and Ross' can't-afford-a-lawsuit drivel. She needs to be reminded who her friends are (in politispeak who her base is) but she is always doing her Steve Covey "win-win/keep the end in mind" stuff so if you speak that language, speak to her.
Don't forget- it essential to get this bill amended and out of committee ASAP to get to the real action. And for all you handicappers worried about what you know they they don't know (as opposed to what they know that you don't) remember- it's not like they don't all know this already.
Tuesday, August 6, 2013
CORNFUSED?
CORNFUSED?
(The following quick political
appraisal for bill supporters was posted yesterday evening on
Facebook)
So what the heck happened at the end
(see the 9:58:00 mark) of today's
Kaua`i County Council Committee meeting on Bill 2491 related to
pesticides and GMOs?
Well for those who didn't get what they saw it was a semi blood bath. JoAnn Yukimura left early so Mel Rapozo and Ross Kagawa were able to get the bill deferred for a full month in order to try to kill it. Nadine Nakamura was no help either.
Essentially Ross and Mel- yes, Mel is definitely not ...a friend of the bill or its purpose (although he may protest he hasn't made up his mind)- are hoping the attorney general will come up with some BS reason why the law is preempted by either the state or feds, either stated or implied even though it's obviously not (which Mel knows damn well but he will play politics to the end) since the Pioneer attorneys couldn't cite any example while the Earth Justice lawyer cited case after case showing no preemption (meaning the county is able to enact the law regulating pesticides and GMOs).
Ross and Mel (and maybe Nadine) are trying to kill the bill through infinite deferral. Gary Hooser (here's his far more staid "first draft of history") tried to fend them off but didn't have even a second vote or anyone to make a motion for a two week deferral because JoAnn left early and Tim Bynum and Jay Furfaro are not on the committee. And as I said Nadine is scared for her political life and you couldn't pry her lips apart with a crow up until she went with the four week deferral vote (i.e. she voted to defer for four weeks).
While a committee cannot kill a bill outright, they can defer it forever. Gary, as chair, said (to paraphrase) "okay then I want everyone to come with all your amendments and be ready to vote on Sept 9." Good luck.
Well for those who didn't get what they saw it was a semi blood bath. JoAnn Yukimura left early so Mel Rapozo and Ross Kagawa were able to get the bill deferred for a full month in order to try to kill it. Nadine Nakamura was no help either.
Essentially Ross and Mel- yes, Mel is definitely not ...a friend of the bill or its purpose (although he may protest he hasn't made up his mind)- are hoping the attorney general will come up with some BS reason why the law is preempted by either the state or feds, either stated or implied even though it's obviously not (which Mel knows damn well but he will play politics to the end) since the Pioneer attorneys couldn't cite any example while the Earth Justice lawyer cited case after case showing no preemption (meaning the county is able to enact the law regulating pesticides and GMOs).
Ross and Mel (and maybe Nadine) are trying to kill the bill through infinite deferral. Gary Hooser (here's his far more staid "first draft of history") tried to fend them off but didn't have even a second vote or anyone to make a motion for a two week deferral because JoAnn left early and Tim Bynum and Jay Furfaro are not on the committee. And as I said Nadine is scared for her political life and you couldn't pry her lips apart with a crow up until she went with the four week deferral vote (i.e. she voted to defer for four weeks).
While a committee cannot kill a bill outright, they can defer it forever. Gary, as chair, said (to paraphrase) "okay then I want everyone to come with all your amendments and be ready to vote on Sept 9." Good luck.
It's really up to Nadine at this point-
it's time to lobby the you-know-what out of her.
This means we will not be able to keep getting and giving factual testimony and keep the ball rolling as it was this afternoon when the real science became apparent during the science and medical questioning of Dr Evslin and Dr Valenzuela of UH (sp?) as well as Kyle Smith (the attorney for the Waimea lawsuit) who is an expert on these restricted use pesticides) and others.
And because they lost the legal round in the morning so badly they are hoping they can get through to the AG to provide a trump card- he will no doubt try his damnedest to make sure the governor doesn't blow his contributions from Monsanto et. al. in '14.
And who knows what the county attorney will do- any honest appraisal will find no preemption either stated or implied either state or federal. And will find SCOTUS on our side (something even Pioneer's lawyers couldn't counter that).
But if they can't get to the county attorney (CA), Mel will try to say it's too expensive for Kaua`i to pay to defend ourselves against Big Biotech. In other words we can't pass laws when deep pockets threaten to sue us back to the stone age over them... something he has said the opposite about when it comes to money to keep defending his pal disgraced former Prosecutor Shaylene Iseri Carvalho... as did Ross, even more vehemently...
So we have to wait until September 9 and keep the momentum going while they spend another bazillion dollars on cable ads calling themselves poor seed farmers and continuing to extort and provide lying talking points to their poor employees who are caught in the middle.
Well, at least I hope they get hefty raises after testifying....
Don't forget- the only ones who are saying "the community is being torn apart" are those opposed to the bill. And the only ones against the bill are employees or their relatives or paid the shills like that UC Riverside guy today who managed to slither out of a question about funding, about which he said (under his breath) he "only" got a few private research projects a year (presumably industry funded) although his department doesn't take biotech money.
The rest of us are unified like never before by the lies and threats from the chemical companies.
Imua
This means we will not be able to keep getting and giving factual testimony and keep the ball rolling as it was this afternoon when the real science became apparent during the science and medical questioning of Dr Evslin and Dr Valenzuela of UH (sp?) as well as Kyle Smith (the attorney for the Waimea lawsuit) who is an expert on these restricted use pesticides) and others.
And because they lost the legal round in the morning so badly they are hoping they can get through to the AG to provide a trump card- he will no doubt try his damnedest to make sure the governor doesn't blow his contributions from Monsanto et. al. in '14.
And who knows what the county attorney will do- any honest appraisal will find no preemption either stated or implied either state or federal. And will find SCOTUS on our side (something even Pioneer's lawyers couldn't counter that).
But if they can't get to the county attorney (CA), Mel will try to say it's too expensive for Kaua`i to pay to defend ourselves against Big Biotech. In other words we can't pass laws when deep pockets threaten to sue us back to the stone age over them... something he has said the opposite about when it comes to money to keep defending his pal disgraced former Prosecutor Shaylene Iseri Carvalho... as did Ross, even more vehemently...
So we have to wait until September 9 and keep the momentum going while they spend another bazillion dollars on cable ads calling themselves poor seed farmers and continuing to extort and provide lying talking points to their poor employees who are caught in the middle.
Well, at least I hope they get hefty raises after testifying....
Don't forget- the only ones who are saying "the community is being torn apart" are those opposed to the bill. And the only ones against the bill are employees or their relatives or paid the shills like that UC Riverside guy today who managed to slither out of a question about funding, about which he said (under his breath) he "only" got a few private research projects a year (presumably industry funded) although his department doesn't take biotech money.
The rest of us are unified like never before by the lies and threats from the chemical companies.
Imua
Saturday, August 3, 2013
DIALOGUE? I GOTCHA DIALOGUE RIGHT HEA
We've been
posting a lot of
shorter "blubs" on Facebook ("Friend" us or
follow on Facebook for more). Here are a few from this week...
DIALOGUE? I GOTCHA DIALOGUE RIGHT
HEA...
Us- Why are you against disclosing where, when and what
pesticides you are spraying?
Them- We have always disclosed them.
Us- No you haven't. We've tried for years and the only things we've gotten is recently in federal court due to our law suit. You've refused tell us. Dozens of people have asked and gotten nothing.
Them- Are you going to believe us or your lyin' eyes?
Us- Why are you against t...he bill? It's just asking for disclosure.
Them- The bill is unenforceable.
Us- So you mean even if we pass a law saying you have to tell us you're telling us you're not going to do so?
Them: Feed the world, bwak. Feed the world, bwak.
Them- There's no need for a Kaua`i law because there are already federal laws
Us- Yes but you refuse to follow them- we have proof.
Them- The label is the law- we follow the label.
Us- No you don't. There's RUPs in the schools right next to where you're spraying them. Our children are getting sick when you spray. We have doctors and nurses who have treated them. The label says you can't use them where children are likely to be.
Them- You can't prove anything.
Us- Yet.
Them- Science, bwak. Feed the world, bwak.
Them- We have always disclosed them.
Us- No you haven't. We've tried for years and the only things we've gotten is recently in federal court due to our law suit. You've refused tell us. Dozens of people have asked and gotten nothing.
Them- Are you going to believe us or your lyin' eyes?
Us- Why are you against t...he bill? It's just asking for disclosure.
Them- The bill is unenforceable.
Us- So you mean even if we pass a law saying you have to tell us you're telling us you're not going to do so?
Them: Feed the world, bwak. Feed the world, bwak.
Them- There's no need for a Kaua`i law because there are already federal laws
Us- Yes but you refuse to follow them- we have proof.
Them- The label is the law- we follow the label.
Us- No you don't. There's RUPs in the schools right next to where you're spraying them. Our children are getting sick when you spray. We have doctors and nurses who have treated them. The label says you can't use them where children are likely to be.
Them- You can't prove anything.
Us- Yet.
Them- Science, bwak. Feed the world, bwak.
-------------
A WORD ABOUT WHAT WE HEARD FROM
BIOTECH EMPLOYEES AND THEIR ASSOCIATES AT THE 7/31 PUBLIC HEARING ON
BILL 2941.
Just because you have a degree in an
area of science- chemistry, biology etc.- it does not make you a
scientist- i.e. one that is familiar with the scientific process and
has scientific integrity. It makes you a technical engineer.
Nor does it magically confer ethical
standards on you or to your work.
Real scientists do not take money from
an industry and then conduct studies and give their scientific
conclusions in that area... at least not without people laughing at
them. Nor do they attest to the safety of their work or work product
without eliciting self-same guffaws.
When the Biotech industry funds your
research your conclusions in the area of Biotechnology are suspect at
best and invalid according to real scientists with integrity.
And finally, something you don't need
to be a scientist to understand- the absence of evidence is not
evidence of absence. When what "everybody agrees" to is
voluntarily conducted research approved by federal agency boards
stacked with former industry employees for the express purpose of
declaring said safety (and so making more money), you don't have
proof- you've got bullsh*t.
---------------
ARE YOU GOING TO BELIEVE US OR YOUR
LYIN' EYES?
Apparently with all the lies and
obfuscations in the local TV and radio ads- such as "we use LESS
pesticide" and "we're just simple farmers" and "all
studies show safety"- the Biotrixters on Kaua`i are just going
to ignore Monsanto's national PR strategy of "we didn't do it
and we're not going to do it again." Here's how the NY Times
described
the campaign this week
This hilarious attempt to reverse years
of lies and obfuscation by the now self-labeled "GMO companies"
(seems they weren't having any luck using softer monikers) is
obviously the last gasp of the befuddled industry's high priced PR
machine.
Imagine- one web site with all the misinformation, half-truths, bought-and-paid-for government safety statements and industry-prepared studies... all in one place.
Our favorite line?
Imagine- one web site with all the misinformation, half-truths, bought-and-paid-for government safety statements and industry-prepared studies... all in one place.
Our favorite line?
“We have been accused of purposely
hiding information,” Ms. Enright said. “We haven’t done that
but now we will open the doors and provide information.”
Sunday, July 28, 2013
NOW YOU SEE IT, NOW YOU STILL SEE IT
NOW YOU SEE IT, NOW YOU STILL SEE
IT: There's an "Island Voices" commentary in today's
Star-Advertiser (don't bother- it's paywalled) by Big Island GMO
papaya grower Ken Kamiya headlined
"GMO Ban would cripple Hawai`i farming."
His case would seem to be
Roseann-Barr-related, basing his commentary on the proposition that
her testimony on their GMO-related Bill 79 (which exempts papayas)
speaks for the whole anti-GMO movement.
He spends half the article talking
about her but he does of course make the familiar claim that GMO
papayas "saved the papaya industry" after the "ring
spot virus" nearly wiped out papayas in the 90's, a familiar
refrain that is presumed to be factual by most.
But riddle us this. If the only way to
save the papaya from the dreaded bug was to use genetic modification,
where exactly did the "organic" and non-GMO papayas you see
on the produce shelves come from? Did they somehow "un-GMO"
them? Because presumably if the GMO papayas prevented the regular
papayas from being wiped out by the ring spot virus there shouldn't
be any organic papayas left.
Well the answer is obviously that it
didn't wipe out the rest of the papayas, which were saved by either
natural section or traditional breeding techniques.
For thousands of years, as Darwin's
"Theory of Natural Selection explains," organisms survived
blights or epidemics because the ones that survived had some kind of
natural immunity to the bug. When they bred, the result was a species
that was no longer threatened because all members had natural
immunity.
The fittest survived. And therefore, so
did the species.
This was sped up over the past few
centuries by humans cross-breeding domesticated species where the
resistant plants were bred together. But basically it was the same
process as nature had used.
And that's where the organic papayas
and non-GMO papayas came from- they either naturally survived the
"ring spot plague" or, more likely in modern times, people
bred the ones which were not killed off by the virus- the ones with
natural immunity.
Were there no "industry" to
demanded a salable product for harvest year after year after year,
within a few years the "survival of the fittest" would have
naturally occurred and we would now, 15 years later, have only
non-GMO papayas being grown... the need for any GMO papaya having
disappeared.
We don't expect this argument to change
Mr Kamiya's mind. As Kenny Loggins and Michael McDonald wrote: "what
a fool believes he sees no wise man has the power to reason away."
But a miracle is just the science we
don't understand yet. Understand?
Wednesday, July 24, 2013
A SMELL BY ANY OTHER NAME WOULD STINK TO HIGH HEAVEN
A SMELL BY ANY OTHER NAME WOULD
STINK TO HIGH HEAVEN: Talk about your love-hate affair. Tourism,
the numero uno cash cow in Hawai`i and Kaua`i, gets the love but it's
also the industry we all love to hate. That's evidenced by our
preoccupation with "diversifying"- maybe even finding
something to supplant it- that has gone on ever since King Sugar,
having slipped to #2, finally went belly up.
But now, in a "the kind is dead;
long live the king" twist worthy of a Shakespearean tragedy, the
current #2 has been slowly poisoning King Tourism and everyone seems
to know it but the King and the minions of the King's biggest rival:
the innocuous sounding "seed corn industry."
"Aw shucks folks- we're just
farmers," the rival says. And who could be against agricultural
diversification?
Well, just maybe the peasants, who are
finally figuring out that they're getting poisoned too because the
strategy to take over the throne is to simply poison the town's well.
The townsfolk have discovered that the
kindly corn-farmers like Pioneer are actually part and parcel of
legacy chemical companies like Dow and BASF.
They've started to notice how uncle,
who works for these companies, is coughing up pieces of lung and
they've seen those nightly helicopter-generated, bubble-gum-smelling
showers that have turned out to actually be highly toxic pesticides
with an illegal bubble-gum masking agent.
Now, despite millions spent by chemical
giants like Monsanto to spread disinformation using
fact-masking-agents so we won't smell the lies, 64
people have, shockingly enough, filed suit against Pioneer.
Not only that but the
townspeople of Kaua`i have introduced a
bill (#2491) before the county council and will be descending on
the second largest auditorium on the island (the KCC Performing Arts
Center) for a public hearing on July 31 (at 1:30 p.m.) just to obtain
the right to know just what the heck kind of poisons they're spraying
on us.
So how did we get here- where it's up
to Kaua`i to protect itself from outsiders coming in and spraying
toxic chemicals and refusing to say exactly what they are spraying?
The fact is that the feds and the
state, bought and paid for by the chemical giants, have failed to
protect the people. That's practically irrefutable making the
politicians' cries of "regulation is the realm of the feds and
the state" sound like the complete lunatic fantasy that it is.
One courageous Kaua`i County
Councilmember, Gary Hooser, first spent a year or so trying to get
information from the "biotech" industry- all to no avail-
then introduced the bill to force kindly Farmer "Pioneer"
Brown and his brother Syngenta Jones to tell us what kind of
"restricted use" and "experimental" pesticides
are being atomized and nebulized, often in the middle of residential
neighborhoods.
The bill would create 500 foot buffer
zones especially around schools- because the use of these poisons is
banned by law from anywhere it's likely to be in contact with
children- and other places where people generally congregate as well
as institute a temporary moratorium on the propagation of all new
outdoor experimental genetically modified organisms (GMOs) and the
associated experimental restricted-use pesticides until an
environmental impact statement is completed.
But you'd think that the bill, focused
on disclosure, was somehow a death knell for the "seed farmers"
to hear what they are telling their employees, in a disinformation
campaign that would make the NSA blush.
And speaking of politicians, believe it
or not, despite the overwhelming outcry from parents, teachers, and
just about everyone who doesn't depend on the biotech industry for
their daily contaminated bread, there is doubt as to whether the bill
will pass.
So far Hooser has only one declared
ally- Councilmember Tim Bynum who co-introduced the bill- and one
opponent, a long-time member-in-good-standing of what's know locally
as the GOBAGs (good old boys and girls) Club, Ross Kagawa.
The rest are waiting to see which way
the toxic wind is blowing and whether the biotexters smelly breeze is
stronger than the oratorical winds of practically the entire
electorate.
And why might that be?
While the money from the biotech
industry dribbles pretty regularly into many of their campaign
coffers the main players here are those who control those visitor
industry bucks. And thus far people in the Kaua`i and Hawai`i
visitors' industry are tightly balanced on the fence putting passage
of the bill seriously in question, coming up on that public hearing.
The tenuousness of passage has of late
become glaringly obvious to many vote-counting, long-time government
observers. As local news-blogger, journalist and pundit Joan Conrow
wrote
recently
I'm hearing Councilman Gary Hooser currently does not have the
votes to pass Bill 2491, the ordinance that deals with restricted
pesticide use disclosure, buffer zones and an EIS for the GMO crops.
Only Councilman Bynum is solidly on board. So no doubt the rhetoric
will ramp up as both sides seek to convince the other five.
Well she isn't the
only one. As if it weren’t obvious from watching the first meeting-
where the bill unanimously passed the first of two required
"readings" (as bills usually do no matter what the final
vote turns out to be)- the word around town is that the third and
fourth votes may well come down to the leanings of Council Chair Jay
Furfaro whose life-long career in the visitor industry makes his nod
dependent on how people like Sue Kanoho, head of the Kaua`i Visitors'
Bureau (KVB), sees it.
And she ain't
sayin' nuttin'.
The remaining
three- JoAnn Yukimura, Nadine Nakamura and Mel Rapozo are eyeballing
the 2014 election where the first two will no doubt be vying for
council chair when Furfaro retires (as he has announced he will do)
with Rapozo ogling the mayor's seat. They need, if not an
endorsement from Furfaro, at least his good will.
Well that all got
us to thinking- always a dangerous proposition.
The bio-tech
industry has been calling everyone on the island this week as part of
their mis-disinformation campaign, conducting "push polls,"
setting up secret, supporters-only, town hall meetings and taking
fast talking no-means-yes-and-yes-means-no "surveys"
The rest of the
time they spend threatening their workers with losing their jobs if
forced to answer the question "what in the the heck are you
spraying anyway."
They even have
their
own social media campaign- where asking the wrong question will
quickly lose you your posting privileges- telling us how some of them
are ready to drink a teaspoon of glycophosate- the active chemical in
the household herbicide "Round-up" which will probably not
kill you the same way prolonged daily exposure will.
It kind of reminds
you of one of those NY City advertising campaigns where the guy says
"if you ain't satisfied, I'll eat a bug."
They don't say how
diluted that teaspoon of poison might be (we've got dollars for
donuts it isn't undiluted, full strength) nor do they offer to drink
any of the really toxic "restricted" pesticides they are
spraying 80% of the time according to the attorneys who are suing
Pioneer at the behest of those 64 members of the Waimea community
where Pioneer's local headquarters is located.
Those attorneys
have obtained information that many- including Hooser who
unsuccessfully tried to use his elected position to pry it loose-
have failed to get, by using "discovery" in federal court
where depositions are being conducted as we write.
The video
of their July presentation at Waimea Canyon School- where some of
those restricted-use pesticides that are illegal to use around
children were discovered- is a real eye-opener even for those of us
who thought we knew how dangerous the situation is.
It's apparent we
need help. So it's heartening to many that recently an
article in the Huffington Post by Marin County environmental
writer Maggie Sergio went viral across the mainland after she heard
about the bill and visited Kaua`i to find out more. Another
piece by local PhD candidate in politics and economics in food
and agriculture Andrea Brower has been gaining publication in
journals across the island and country.
So we though that
what what's sauce for the goose is sauce for the gander and what we
need is a good advertising campaign to reach the tourists that are
flocking to Kaua`i with the truth about what those red dust clouds
that they drive though on the west side contain.
We wrote up our
idea for such an "ad." And since our graphics skills are
non-existent we posted a solicitation on the GMO
Free-Kauai Facebook page looking for someone with artistic skills
who might be able to work with the idea.
We described out
concept this way:
It would say "Planning a trip to Kaua`i?" across the top of two frames, the first frame with a person in a bathing suit with the words "Don't Forget your Bathing Suit" across the bottom and the second frame with someone in a Haz-Mat suit saying "Or your Haz-Mat Suit." The second one also has a sign in the background behind the person in the Haz-Mat suit saying something like "Experimental GMO Pesticide Fields; Breath at your own Risk"... you get the idea.
And, bless their
hearts two graphic artists took the concept and created "posters"
that have been approaching the almighty "viral" status in
the last day or so.
First artist Dom
Acain took the ball and ran with it coming up with this:
Then artist Rob
Cruz took the concept even further in trying to assure tourists
understand what you need to pack for a trip to "paradise":
Feel free to share
them on social media or email them to your mainland friends... as a
matter of fact, "collect-'em-all." Or do your own... the
more the merrier.
Although
many among the local "leadership" of the anti-GMO movement
on Kaua`i have been reluctant to move off their kid-glove treatment
of the visitor industry in the past, it seems they too are beginning
to see that we need the KVB and corporate tourism honchos as allies
in the efforts to pass bill 2491.
We've
tried honey but all the bees died anyway. So they might just need a
tart little nudge to get them moving in the right direction.
It
isn't as if those who work in tourism aren't behind the bill en
masse. Union support has been strong and indeed many if not most of
those fathers and mothers who testified at the introduction of the
bill- and who will be showing up on the 31st- work in a
visitor-industry related job.
That's
why many people are up in arms at reports in social media that the
"Hawai`i Crop Improvement Association" and other industry
groups are pouring buckets of cash into those various disinformation
and dirty tricks telephone campaigns on Kaua`i as almost anyone
living on Kaua`i with a land line can attest.
It
important to understand that unless the tourism industry puts
pressure on the council- which will take pressure from tourists
themselves- the bill could could be in big trouble.
It
stands to reason that people are not going to vacation in a place
where they will be driving through toxic clouds of dust and where it
rains restricted experimental pesticides.
And
they are bound to find out sooner or later. Even if it weren't just
the right thing to do, informing visitors of the dangers while the
bill is on the table is simply good customer research, showing
everyone what is bound to happen when tourists do find out.
Imagine
how they will react if they find out about the situation along with
the information that we defeated a bill to protect them.
There are some who are naive and fail
to grasp what we're up against. Many have never experienced a
Kaua`i-style movement. They think that they can control activism when
the fact is that on Kaua`i the successful campaigns are not "run"
but accomplished through a "do your own thing," leaderless
effort, built on the natural outrage... as the Superferry battle can
attested to.
KVB is not going to support the bill
unless they themselves feel the pressure. They are corporate people
whose instinct is to support other corporate people. We're working
against that instinct and the only thing that will reverse that
attitude is cash- the cold hard cash that they will be losing if
occupancy drops when people learn the truth about the so-called"seed
industry."
The most important thing any of us can do at this point is to get the word out to the mainland that we are ground-zero for outdoor testing of horrific experiments that are sickening our children and threatening the health of those who visit our fair island.
True leadership knows when to lead and
more importantly when to get the heck out of the way and let the
people do their thing. Leadership is not what the infamous
leader in the French Revolution had in mind when he said "you
must tell me which way my people have gone so I can go lead them."
What's your thing? Don't wait for
permission- just grab a peaceful pitchfork, go out and do it. Every
bit helps.
For more information on a variety of
GMO-Free matters, check out thee Stop
Poisoning Paradise's web site at
http://www.stoppoisoningparadise.org/
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