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HomeMy WebLinkAboutCOM 0679.005 2010-2012A A A A A L A A P.O. BOX 4969 HILO, HAWAI'I 96720 PHONE: 808-315-9996 E-MAIL• peledefensefund{�gmafl.com Mission Statement: Pele Defense Fund is dedicated to the Preservation and Perpetuation of Native Hawaiian Traditional Rights, Customs, and Practices and to the Protection of our Unique Island Environment for all of Hawai'i to enjoy Now and in the Future Pele Defense Fund Concerns that are impacting our Hawaiian Community: Establishing Traditional and Cultural Practices at Wao Kele O Puna with OHA; for Hula Halau, La'au, Gatherers and Hunters. ► Establishing a Cultural Commission with the County of Hawai'i ► . Dealing with State Legislative Bills to Advocate for the Protection of our "lwi , Kupuna", Bones of our Ancestors, to create stronger Burial laws. ► . Raising Awareness and Educating our young Hawaiians on how to deal with , issues in their community and environment (mauka / makai) thru our weekly meetings. Working towards SOLUTIONS on the tsunami debris from Japan that will impact the Hawaiian islands • Supporting organizations to stop military expansions, promote clean up and protect our traditional and cultural sites ► STOP GEOTHERMAL!! It VIOLATES our HAWAIIAN RIGHTS to protect our cul- tural and traditional practices to PELF. GEOTHERMAL is toxic and a pollutant ► to the entire island. /_� l - S , Comm. Na. ��JJ _ _ Ref. To: Ref. Date �,R�'R�' 4 2012 , ► From: Jdomski@aol.com Subject: IDG response Date: April 23, 2012 8:18:19 PM HST To: peledefensefund@gmail.com, kulalaw@gmail.com Pali, Terri and Bill, Attached is the response from IDG, the so-called corporate counsel for IDG, who is not licensed in Hawaii. Let me know your thoughts. Jim 04-23-'12 23:11 FROM-Jmmes Dombroski 7077690419 T-623 P01/01 U-544 Via WJ"= 7g7.7?i2-O+I 9 and LM mail dames M. Dombroski, Esq. Attorney -at Law PO Boot 751027 Petaluma, CA 94975-1022 ' Subject Oombroski Letter ofAoril 18, 2012 ("Letter'? Dear Mr. Dombrosl6:' Who is your client? My cursory review of the -history of the Pole Defense Fund is that it lost its non-profit tax status and was defunct • ft_ appiaars some entity mq hava.beon incorporated in 2012 but is, there not an issue about.whe#w it can daim any right and/or authority to spe8lc on behalf of the original? VVMdtever.t'he staQlS,'i * iSSue pales next to the, concern your Corresporx*ce has treated, The Letter is replete with statements of fact, rather titian allegations. As an: example, you state, inter alis, " IDG's False and Da6ep'tW Advertising is to Intentionally Mislead the Public and Use PDF as a Foil for its Ovm Business Jntir+ests." Lehr, at 1. You conclude, " IDG's •Motive is to Defraud the Public, Especially Native Pwpians, and Harm PDF' Letter at 3. These -stateme(tts of fact am allegedly defamatory and are on•a dangerous path ttratcan lead to•tortious interfehence with IDGs contrachaal rights and prospective economic advantage,', I strongly tautioh• yew and the entity that has 'named itself•the Ne' Defanse Fund, to be circumspect In the distribution, publkxbon• and circulation of'the Letter,cant*ing.statements of fad that IDG beliefs cannot be defended as true. IDG will nc?f be int inidated,threatened or stnxlg-armed, h will protect its corporate reputa on and wit ' continue to ' conduct itself' with integrity and transparency in the interests df the economic andfiscal survlVal .of our Weals. lQG will not Countenance any inthrfemnce andfor defamatory -targeting that is.. allegedly, in violation of its Heft IDG has reviewed and is prepared to pursue any legal remedies it may have, incl ding litigation, should its rights be trampled upon Very truly yours cia MedinallIalbert. (rAYPorate Counsel April 23, 2012 2990 PACIFIC HE16WTr Rb_ HON. HI 96Rf; I OFFIrP Rag 436Od3II 1.Pwx- Rag 536 M7l I teewAwAti mN, Law OfRes of JAMES M. DOMBROSKI ATTORNEY AT LAW I.ICENSED IN CALIFORNIA AND IIAWA11 P.O. BOX 751027 PETALUMA, CALIFORNIA 94975-1027 TELEPHONE (707) 762-7307 FAX (707) 769-0419 Email Address: jdomski@aol.com April 18, 2012 Chairman of Board of Directors and Each Member of Board of Directors Innovations Development Group Inc(IDG). 2990 Pacific Heights Road Honolulu, HI 96813 RE. Pele Defense Fund v. IDG Dear Chairman and Each Board Member: This office represents the Pele Defense Fund ("PDF") as confirmed in the attached Final Judgment obtained against the Campbell Estate, filed August 26, 2002. The purpose of this letter is to inform each of you that you are jointly and severally liable to PDF for damages, including punitive damages, for IDG's intentional false advertising campaign addressed herein. This letter demands that IDG take immediate steps to mitigate the damages to PDF's reputation and purpose, as addressed below. I. IDG's False and Deceptive Advertising is to Intentionally Mislead the Public and Use PDF as a Foil for its Own Business Interests. IDG supports geothermal development in Hawai' i as a business venture. However, IDG plays on the appeal of being a Native Hawaiian organization that once fought geothermal, yet now sees things in a different light. Like Saul of Tarsus, IDG saw the light and converted to being a full-fledged geothermal, developer. That is portrayed as an improvement over its former opposition, with IDG representatives even taking an apologetic view of their prior phase: "Geothermal energy has received some deservedly bad press in Hawaii.- -We confess we may have had something to do with that. We were once among the activists who strongly opposed the development of geothermal Chairman of Board of Directors and Each Member of Board of Directors Page 2 April 18, 2012 energy on the Big Island, not because we are anti -business or anti -energy independence, but because we are pro -community." http://idghawaii.com/wp-content/uploads/2011 /06/IDG-PBN-Artic 1e-10.29. l O.pdf Part of the IDG's business strategy includes references to the Pele Defense Fund's vigorous and successful opposition to geothermal development in Wao Kele o Puna. This statement from IDG's website sets the theme: "The previous geothermal situation from the 1970's and 80's classified as the Pele Defense Fund case has set standards for public & native Hawaiian participation, rights to access for worship& for exercise of cultural rights including gathering etc. that IDG is committed to following." That is a back -handed apology. It is also erroneous: a suggestion that lawsuits solved the problems that guide PDF's opposition to geothermal is mistaken. Following are more excerpts from media articles that have been re -published on the IDG website: "Two decades ago, Mililani Trask aggressively fought geothermal development in the Big Island's vast Puna district. As part of the Pele Defense Fund, the attorney and sovereignty activist helped change the state's environmental impact statement law to be sensitive to the host culture. Today, the Pele Defense Fund is defunct, but Trask is once again heavily involved with geothermal. Now, though, she wants to develop geothermal — on the Big Island as well as Maui." (Emphasis added.) http://www.civilbeat.com/articles/2011/07/07/ 12018-peles-potential/ "There was Mililani Trask, who led protests back in the 1980s, on the Big Island that chased out one geothermal company and caused a chilling effect on future development for the next 20 years. She's now working to develop the resource." http://www.civilbeat.com/articles/2011/10/15/ 13275 -geothermal -push -ma kes-for-strange-bedfoIlows/ The materials re -published by IDG, say Ms. Trask as a "part of the Pele Defense Fund" ... "led protests back in the 1980s on the Big Island that chased out one geothermal company and caused a chilling effect on fUtUre development for the next 20 years." The representations on IDG's website of Ms. Trask's association with PDF is a complete fabrication. Ms. Trask was not part of PDF. Moreover, PDF is not defunct. Chairman of Board of Directors and Each Member of Board of Directors Page 3 April 18, 2012 II. IDG's Motive is to Defraud the Public, Especially Native Hawaiians, and Harm PDF. The motive of IDG is to portray its representatives as if they were reformed PDF activists, cured of their geothermal animosity. It not only plays to the I -told -you -so emotion of friends of geothermal development, it also suggests to present day opponents of geothermal that PDF is now supportive of IDG's-efforts. Plainly, the intent of IDG is to defraud the public and create a false impression that is harmful to PDF's reputation and purposes. III. IDG Board of Directors Are Responsible For Defrauding the Public and Harming PDF. The fraud perpetrated on the IDG website against PDF isintentional and malicious. There are at least 6 reported cases involving PDF that clearly. show that Mililani Trask was not an attorney of record for PDF. The IDG Board of Directors presumably did not exercise its due diligence in reviewing any of the reported decisions before the misrepresentations were made on the IDG website. The obvious reason is that the Board of Directors knew that IDG was intent on misleading the public, especially Native Hawaiians, to gain a foot -hold on the Big Island for geothermal development. The so-called "Native to Native" theme displayed in bold colors on the IDG website is a marketing ploy to mislead the public, especially local Native Hawaiians, who were in the past sympathetic to PDF. Furthermore, no effort was made by IDG to contact the President of PDF and the PDF Board of Directors to verify the statements regarding PDF on the IDG website. The Board's failure to exercise reasonable care before making false and defamatory statements about PDF was for the purpose of leading the public, especially Native Hawaiians, to believe that PDF now supports geothermal development. IV. PDF's Remedies. PDF's remedies against IDG include, but are not limited to, initiating litigation in state or federal court for false advertising, unfair competition, and related causes of action, Which would entitle PDF to damages, punitive ciamages and injunctive relief. As mentioned Chairman of Board of Directors and Each Member of Board of Directors Page 4 April 18, 2012 above, the litigation could reasonably be directed against all members of the IDG Board of Directors based upon joint and several liability. In an effort to mitigate PDF's damages, it is demanded that IDG immediately remove the references to PDF on its website that are highlighted above and underlined as "emphasis added", on or before April 23, 2012. truly yours, JAMES M. DOMBROSKI JMD:sd Enclosure ALAN NiUR.AKAI\/II 2285 NATIVE HAWAIIAN LEGAL CORPORATION 1164 Bishop Street, Suite 1205 Honolulu, Hawaii 96813 Telephone: (808) 521-2302 JAMES M. DOMBROSKI 3622 LAW OFFICES OF JAMES M. DOMBROSKI P.O. Box 751027 Petaluma, California 94975 Telephone: (707) 762-7807 STEVEN C. MOORE Pro Hac Vice NATIVE AMERICAN RIGHTS FUND 1506 Broadway Boulder, Colorado 80302 Telephone: (303) 447-8760 Attorneys for Plaintiff PELE DEFENSE FUND Aii 10. 12 Q��— C. 0i." A`dlp„ CLERK TXIRO CIRCUIT COURT ,'TATE 01- HAY,All IN THE CIRCUIT COURT OF THE THIRD CIRCUIT PELE DEFENSE FUND, Plaintiff, vs. STATE OF HAWAII THE ESTATE OF JAMES CAN PBELL, DECEASED; W.H. MCVAY AND P.R. CASSIDAY, in their fiduciary capacity as Trustees under the Will and the Estate of James Campbell, Defendants. CIVIL NO. 89-089 (Hilo) (Declaratory Judgment/Injunction) FINAL JUDGMENT; EX17IIBITS "A" AND "B" Trial Date: August 2, 1994 Judge: Hon. Riki May Amano FINAL JUDGMENT Pursuant to the Findings of Fact and Conclusions of Law entered herein on c'UL! this court hereby enters JUDGMENT finally resolving all claims as to all hereby certify that this is a full, true and corned copy of th on file in this office. parties in favor of Plaintiff Pele Defense Fund (hereinafter PDF) and against the Estate of James Campbell as follows: The Estate of James Campbell, its Trustees and each of their respective agents, employees, officers, heirs, personal representatives, successors, assigns, and beneficiaries, including successors in interest to 27,785.89 acres of land situate in the Puna District of the County ,of Hawai'i, State of Hawai'i (hereafter, the "land"), as described in the attached Exhibit "A", are permanently enjoined from excluding the following persons from entering the undeveloped portions of the land and using the developed portion for reasonable access to the undeveloped portions, (the developed areas are defined on Exhibit B attached hereto), to perform customarily and traditionally exercised subsistence aqd cultural practices: (a) Hawaiian subsistence or cultural practitioners who are descendants of the inhabitants of the Hawaiian Islands prior to 1'778,- (b) 778; (b) Person or persons accompanying Hawaiian subsistence or cultural practitioners described in (a); or (c) Persons related by blood, marriage or adoption to Hawaiian subsistence or cultural practitioners described in (a). 2. For purposes of liability, all persons listed above are not invitees of the owner of the land. 3. Notwithstanding that this judgment includes a "permanent" injunction, the Estate of James Campbell and successor owners of the land, are not barred from and may seek to develop the undeveloped portions of the land consistent with applicable law; and PDF may oppose further development by lawful means. 4. The owner of the land shall give PDF notice of any and all proposed future development prior to application for any state or county permits, or the initiation of any development -related activity that does not require such permits. On January 1 of each calendar year, PDF shall inform the owner of the land of the name(s) and address of its designated officer(s) for purposes of this notice. 5. PDF shall submit a monitoring plan consistetit with this Judgment to the owner of the land within six (6) months after entry of this Judgment. If the parties are unable to agree on the terms of the monitoring plan, either one or both parties may request Court instructions. 6. The Court shall retain jurisdiction to enforce this Judgment and the pel*nktanent injunction. If enforcement is necessary, any party in violation of the terms herein may be subject to contempt of court and sanctions, including but not limited to the payment of costs and reasonable attorneys' fees. 7. This judgment constitutes the final resolution of the all claims against all parties. There are no other outstanding claims or defenses which have been left unresolved. DATED: Hilo, Hawaii, , 2002. Riki May Amafo r "" Judge of the a ove-entitled Coir � , APPROVED AS TO FORM: wrt er E. Attorneys for Defendant Trustees of the Campbell Estate 1470125.2 Pele Defense Fund vs. the Estate of James Campbell, Deceased, et al. Civil No. 89-089 (Hilo), Declaratory Judgment/Injunction HEALTH AND CULTURAL ASPECTS OF GEOTHERMAL DEVELOPMENT JN HA W At'I Prepared by: Patricia Macomber Cella Pechak Ken Ikeda For: Dr. Walter K. Patrick . University of Hawai'i School of Public Health PH 670 Culture and Community direction of the chest neighbor's home. There are eight monitoring resources, including on belonging to the Department of Health and the county of Hawaii. Hourly averages are logged and downloaded daily and reviewed by SAIC in San Diego.30 it should be noted that if the geothermal plant were not there the area would be used as an industrial park 31 so there would not be an end to all noise. On June 12, 1991 at 2319 hours there was an uncontrolled venting. The noise of this venting exceeded the permit limits by 25 to 35 dBA.30 All residents who had been in the area and were interviewed heard the noise of the venting, erroneously but commonly referred to as the blow- out. Many described the noise as a jet landing next door. The venting lasted 30 hours. Approximately six hours after the venting began the residents were told to evacuate the area and were given hotel rooms to stay in. There is no question in anyone's mind that this noise was a health concern, although it was not the cause of the evacuations. A true scenario that describes the incident from the perspective of one resident is this one. A person spoke of the "blow out". "I was awake and it sounded like a 747 had landed next door. I called the police and told them something was happening out at the plant, I wanted to know if it was safe to be here because of the fumes. The police responded by saying "Don't breathe"! My friend called Civil Defense and they didn't know what was going on! At 5.00 am we were told�to evacuate. If it had been dangerous what would have happened to us between 11:00 pm and 5:00 am?" 32 Imagine awakening in the middle of the night to a loud noise. Fear is compounded by ignorance. 'Before the venting some protesters were sayings if a blow-out, occurred them could sink -and cause a huge crater, which could swallow up the community. During the interviews tiffs belief wasn't aired, but if there was someone in the community that believed this was ruethink oT-the panic the middle of the night roar would bring. - Hydrogen Sulfide is a component of the geothermal steam, and when released into the atmosphere it can be identified by smell if the concentration is within a certain range. It can be detected at concentrations of as low as 10 ppb by its rotten egg smell. Olfactory fatigue may occur after 2 to 15 minutes of exposure at 100,000 ppb. Olfactory fatigue occurs more rapidly at higher concentration. One problem about smells is that individuals reactions are different to different smells. �ri What is nauseating to one person can be pleasant to another. Reactions are not only physical, but also cultural. A Hawaiian local related that he had been invited to New Zealand with the Young People of Puna Organization. He was amongst a group of young people who went to New Zealand to evaluate and get their own perspective of the geothermal development there. He and his fellow travelers stayed with native host families who lived next to their geothermal energy plant. Their plant was of a type that vented steam back into the atmosphere. The Hawai'i people asked the native New Zealanders if the constant odor of sulfur bothered them. The response was "What odor?" It was not perceivable to them. Dr. B. Siegel from the University of Hawai'i's School of Public Health related that a big difference between the New Zealander's acceptance of geothermal emissions and our local acceptance was that in New Zealand the smell of sulfur was associated with a healthy smell. Hospitals and schools were purposely placed near steam vents so as to take advantage of the sulfur fumes. In the United States, sulfur smell is associated with sewage and described as a rotten egg smell. It is thought of as foul. Garbage and sewage here relate to illness and disease so it is of little wonder that our population would respond to a sulfur smell by getting sick, while a New Zealander would respond by getting healthy. The level and frequency of odors which would annoy individuals varies, and it is frequently not only the concentration level but also the change in concentration which arouses public intolerance 3,34,M PHYSICAL SYMPTOIM Interviewed residents against the geothermal development gave the interviewers a large list of symptoms that they believed were caused by the fumes emitted from the geothermal plant. These symptoms were not shared by proponents of the development. Some of the symptoms have been verified by physicians. It has not been proven that the reported illnesses were caused by the geothermal fumes, but as long as the residents believe they were then the health problem wrists. A few studies have been done in regards to Hydrogen Sulfide related illnesses. One investigation completed in February 1987 states "The results of this investigation indicate no direct association between the levels of hydrogen sulfide in the ambient air in various locations in Puna and reported acute or chronic respiratory conditions. However, higher rates of all chronic respiratory conditions (i.e., "bronchitis/emphysema", "asthma", "hayfever", "sinusitis" and "other respiratory system disease") were found both in Leilani Estates and Hawaiian Beaches 17 F one opponent of the geothermal development gave the interviewers a list of women's health complaints that she got from her own survey of neighbors. Listed are twenty two women who range in age from 10 to 50 years. One is 10, one is 17, five are in their 30's, six are in their 40's and two are in their 50's Seven did not list an age. Here are their complaints: Seven women reportcdi problems with their menstruation -such as bleeding twice in one month or extra spotting. Seven had heavycrampft Nine reported tenderbreasts Seven`reported Premenstrual Stress Syndrome _ Nrrie reported cysts in uterus, ovaries, groin, mouth or vagina Seven reported sore ovaries` One report of fiver tumor one report of an enlarged uterus one person reported lump and bumps on the lymph nodes There were no reported illnesses by workers at the POV site. In February of 1987 an in depth health study was done on residents of Leilani area and Puna to determine if their health was being effected by the Hydrogen Sulfide fumes being emitted by the HGP -A plant. Bear in mind that this plant was not designed to inject its by-products back into the ground The study, done by Dr. Bruce Anderson and Neil Oyama, reported that residents living downwind of the plant with the exception of the "common cold" had no chronic health conditions and no various measures of disability were observed when rates of all health conditions were compared to a similar, unexposed community in the area.$ The February 1897 report states that since December of 1975 to 1987, there had been approximately 40 complaints from residents in the Puna district concerning geothermal activities according to Hawai'i Department of Health Records. Approximately 34 of the 40 complaints were concerned with odor and or noise, not with illness. Leilani Estates residents during the 1987 health study reported higher rates of all major respiratory conditions than were reported in Hawaii County or state-wide in 1983. However, these rates are lower than those reported from Hawaiian Beaches Estates, the control area. The report concludes that these findings point to environmental factors other than emissions from geothermal wells as responsible for the relatively high prevalence of chronic respiratory disease in the area= In Rotorua, New Zealand a population of 40,000 people are exposed to natural and man made sources of Hydrogen Sulfide and other geothermal fumes. The Hydrogen Sulfide levels are lc the control site) than Hawrai'i County or Havkai'i state-,%ide rates during the stud Yperiod.a he opponents of the development state that many of these reports only take into account hivdragen Sulfide, a single component of the fumes. and not the possible SN-nergistic effect of the combination of gases and particles. This is a very good point becat:se little is known about the synergistic effects of different components, and it would be hard to find a stud; that took all of the local emissions into account. There are experts who insist that there are not high enough levels of any other dangerous component to cause other problems. Considering that it is the people contesting the development that have the symptoms and not the people who are proponents of the development, it doesn't seem likely that the chemical effects would be so selective. None the less there are problems and they do need to be dealt with in one way or another. These are some of the symptoms reported to the interviewers:, ADULTS Complete disorientation %miring Unable to sleep Feel brain dead, lethargic Water in lungs ]biarrhea Sore throat Nausea Headache Nightmares (since the blowout) Fahy Fcx`getfulness Hairfalling out from selenium poisoning yes Eye irritation Severe mood swings Stomach pains metarli`ic tastein mouth mucus in eyeslnoselmouth can'lbreathe lethargy less coordination shortmemory blaekwaterydiarrhea irritated nose rashes proech�le vomiting burning bladder M :.n -diarrhea coughing headache gmyhair(afterblowout) upsetstomach swollen glands qxtgestibn runnyrose diarrhea r crusty eyts raspy voice ty wa€ta=`leg yes laryngisaee�ms+ throat lesions after blowout mese ulcerated soreson nose and mouth (after blawOut) .7 94of 10 puppies died within hours of birtjx, Animalsill CULTURAL ISSUES While the health issues have concerned the residential community near the geothermal plant, the cultural issues extend further to include many Native Hawaiians and their supporters throughout the islands and beyond. To examine the cultural component of geothermal development in Hawai'i, this paper will explore two primary cultural objections. First, the concept of the desecration of Pele and its religious basis will be presented. Next the issue of the violation. of Native land use rights will be reviewed. Opposing views of Hawaiians that do not share the same belief system will be contrasted. Lastly, brief comparisons will be made with Native cultures in other areas affectedby geothermal development. According to legend, Kilauea Volcano is the personification of the fire goddess Pele and therefore Kilauea is sacred groun(L Today some Native Hawaiians see Pele as the central life force for their traditional religious beliefs and practices. In their statement of " Pele Perspectives and Concerns Against Geothermal Impact," the Pele Defense Fund state "Fele is the akua {goddess} and `aurnakua {family god} of Hawaiians today. Her blood relationships continue as shared traditions, genealogy and aloha for particular `aina {land} and places in Hawai'i ... Pele is the inspiration, strength and focus for those who are established in practices and performances of ancestral tradition and religion."38 Clearly, with Pele as the basis for a land based religion, geothermal's use of the land and the steam beneath it is regarded as a sacrilegious act. Beyond the immediate effects of drawing off Pele's mama (divine power), greater and farther reaching cultural affects are anticipated. According to the Pele Defense Fund statement, "Geothermal development will take Pele and diminish and finally deplete her creative force and manifestations, causing spiritual, religious, cultural, psychological and sociological injury and damage to the people who worship and live with Pele."3 The Pete Defuse Fund has drailenged geothermal development through the courts on the basis that it interferes -with their constitutional rightw to -practice -the Pete Tdigick Thelftwai i Supreme Court ruled that the plaintiffs failed to demonstrate'that geothermal would infringe upon I their religious practices, Acing to Noa Aiuli in a June 1990 Honolulu mages ire article, the concept of sacred lands and a religion without a church is incompatiblewitha Western court s concept of religidog The U.S. Supreme Court`rejectedthe request to hear the appeal. The environmental impact sit (August 1987) €or *e PGV Pviea did iW Section on cultural issues. 4o The political and religious historiesi kRDWR arclW�ological s s a* 23 artifacts, and relevant Native Hawaiian religious beliefs are reviewed. The importance of F those who follow traditional religious practices is acknowledged, but it goes no further U conclude with the Hawaii Supreme Court ruling that their religious practices would t infringed. Through interviews with various individuals of Hawaiian ancestry, it is soon apparent, nol surprisingly, that Native Hawaiians are not a homogeneous group and not all contemporary Hawaiians agree with this Pele based belief system. Since traditional religious practices were officially abandoned by the ali'i (ruling class) in 1819, most Hawaiians had converted to Christianity by the end of the nineteenth century. While most individuals reported that the Pele myth was part of the oral history passed on by their kupunas (grandparents), they respect but do not worship Pele. Further, several re -iterated that because the Hawaiian religion is oral not written, no one could really know how to practice properly nor could say if Pele is being desecrated. Opinion was split as to whether Pele was being desecrated., but a few individuals suggested that a ceremony should have been performed to ask Pele's permission. The claim that King Kalakaua was the fi rst to advocate the use of geothermal was also repeated. Clearly, varying views amongst Hawaiians would be expected since the Hawaiian religion is an oral tradition, and one that has been subjected to a range of interpretations, often and most recently through a Christian perspective. The Pele Defense Fund's response is that they acknowledge the range of beliefs and do not suggest that they represent all Hawaiians. Rather, they represent those Native Hawaiians, whatever their number, who hold traditional religious beliefs. No ceremony could have been performed to ask Pele for permission, and whether or not King Kalakaua was an advocate of geothermal bears no relevance to the central issue of the desecration of Pele. There is no compromise. One individual suggested that some Christian Hawaiians view the desecration of Fele as being positive, as they see Pele as being the manifestation of the devil. She proposed that in the fight of Pele versus Jesus Christ, it is in the Christian Hawaiian's self interest for geothermal to be Pursued. Both sides of the controversy concede that Pele possesses the power to demonstrate her displeasure with geothermal by covering the plant with lava. The anti -geothermal side points out that 15,000 acres of the original site of geothermal development was indeed covered by lava, and that led to the land swap.•r 24 basis of environmental issues, these groups have publicly supported the Pele Defense Fay efforts to protect Native Hawaiian culture and rights_ Interestingly, in the interviews of 11 Hawaiians. many ind.viduais expressed a strong resentment that "haoles" were attemptin_ represent and speak for them. the Native Hawaiians. They perceived the vocal representatives of the Big Island Rainforest Action Group (BIRAG) as claiming the Hawaiian issues as their own in order to further their own agenda, and thereby dictating to Hawaiians how they should feel about geothermal. (One person added that while she resented this, she also had to admit that it was not "island style" to protest and write letters, so maybe it inevitably fell to the mainlanders to do this.) Several individuals, Hawaiian and non- Hawaiian, thought thatthe neighborhood and environmental groups were the original protesters of geothermal, and they used religious and cultural issues to bolster their arguments until Hawaiian groups took up the cause. The Pele Defense Fund emphasizes that these groups are merely being supportive of their issues, and are not exploiting them. The relationship between the cultural and the land use issues and the broader issue of sovereignty is evident. As the entire struggle for sovereignty and restitution has grown in the past 15 years and with the resurgence of Hawaiian cultural awareness, .the voice of opposition to geothermal has become louder. Hawaiians are a land based people and these are land based issues. As one person asserted, it is a sovereign act to take a stand on geothermal development; they are fighting for already recognized rights, but rights which are being worn away with time. The geothermal issue is seen as an important part of the Native Hawaiians' opposition to the ongoing erosion of their rights, land and cultural heritage. As expected, many Hawaiians that were interviewed did not agree with the land use concerns. Common sentiments were that pro -sovereignty activists are not being realistic, that Hawaiians cannot regain what has already been lost, and that people have to keep up with the times. A member of the Big Island Geothermal Alliance mentioned that 23 of its members are Hawaiian, and proposed the analogy that the use of the geothermal resource is no different than fishing. The Pele Defense Fund responds that being ethnically Hawaiian does not make one committed to traditional Hawaiian practices. They are defending traditional Hawaiian religion and culture, which is not practiced by all Hawaiians. It is apparent that a variation of beliefs exists amongst Native Hawaiians, and has probably been influenced by a multiplicity of factors: age, family upbringing, influence of Christianity, and other multi -cultural influences. Depending on how W CONCLUSION The investigation into the controversies that surround geothermal development in Hawaii reveals three common themes. First, PGV has experienced repeated technical difficulties, but opinions vary as to whether these problems can be or have been resolved. Secondly, the health- complaints ealthcomplaints are not experienced by all residents, but are perceived as a very real and serious threat to those who do. A comprehensive study has not been performed to address the variety of complaints, but the studies regarding H2S affects to date do not substantiate the residents' complaints. However, real or perceived, the health concerns are a public health issue. Lastly, Native Hawaiians who value traditional religious and cultural practices oppose geothermal, but not all Native Hawaiians do share the same belief system and not all oppose geothermal. The issue of geothermal development in Hawai'i is extensive and complex, and this paper has merely skimmed the surface. Proponents of geothermal plea "give us a chance" to prove that it can work here, while opponents see no compromise but closure. Each side offers expert opinions, studies, and emotional arguments that support its side, and it becomes a monumental task to sort out the truth. At the time of this papers completion, PGV has abegun generating electricty for the Big Island. Anti -geothermal activists vow to continue fighting through protests, civil disobedience, and the courts. PELE DEFENSE FUND NEWS BIG ISLAND GEOTHERMAL IS ONE OF THE MOST TOXIC AND NATURALLY CONTAMINATED GEO KNOWN TODAY! LET'S DISECT THE STEAM AND TAKE A CLOSER LOOK AT WHAT WE ACTUALLY BREATHE! STEAM CONDENSATE RINE BENZENE AMMONIUM (TOTAL) MERCURY (TOTAL) ARSENIC PH LEAD TOTAL DISSOLVED SOLIDS CADMIUM TOTAL SUSPENDED SOLIDS BICARBONATE AND CARBONATE BERYLLIM SULFATES CHLORIDE CHLORIDES ASBESTOES NITRATES y INYL BORON (TOTAL) It HYDROGEN SULFIDE FLURIDES (TOTAL) HYDROGEN SULFIDE TOTAL DISSOLVED SOLIDS AMMONIA TOTAL SUSPENDED BERYLLIM ASBESTOES RADON RADIONUCLIDES (GROSS ALPHA AND BETA) BRINE BENZENE AMMONIUM (TOTAL) ARSENIC LEAD CADMIUM BICARBONATE AND CARBONATE SULFATES CHLORIDES NITRATES BORON (TOTAL) HYDROGEN SULFIDE FLURIDES (TOTAL) RADIONUCLIDES (GROSS ALPHA AND BETA) NONCONDENSIBLE GASES BENZENE HYDROGEN SULFIDE AMMONIA MERCURY VAPOR METHANE NON -METHANE HYDROCARBONES CARBON DIOXIDE ARSENIC VINYL CHLORIDE BERYLLIM ASBESTOES RADON RADIONUCLIDES (GROSS ALPHA AND BETA)