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HomeMy WebLinkAboutCOM 0009.018 2014-2016Leslie, Earlanne From: nancy recifeather [nredfeather @kohalacenter.org] Sent: Friday, January 30, 2015 10:30 PM To: Council Testimony Subject: Testimony. February 4, 2015: Appeal Ruling of Ordinance 13 -121 Nancy Redfeather — P.O. Box 906 Kealakekua, Hawai'i 96750 January 30, 2015 Testimony: Appeal Roiling of Ordinance 13 -121 Chair Kanuha, Vice -Chair Poindexter, and Members of the Council, The decision before us today is to allow or not allow the experienced Lawyers from Center for Food Safety (Andy Kimbrell) and Earthjustice (Paul Achitoff) to intervene on behalf of the County of Hawai'i in the courtroom, and work with Hawai'i County Corporation Counsel to defend the Counties Appeal of Judge Kurren's ruling that overturned the citizens vote on Ordinance 13 -121. Since our Corporation Counsel is recommending an Appeal, the County would not be able to find more experienced lawyers to help defend the people's right to protect the lands, water, and community health of the County today and for all future generations. Judge Kurren ruled that it is not the kuleana of the County to protect itself, and that right belongs to the State or the Federal Government. But we the people know that defending the agricultural environment for Hawaii has been difficult for the Department of Agriculture. In the downturn of 2008 most of the inspector positions were eliminated, and since then, invasive species have appeared one after the other. The Department has almost 50% of it's positions unfilled at this time, so I don't think we can count on the state to protect us from anything. And though the Federal government has a regulatory regime, USDA /APHIS, for permitting of 6E trials, there are no regulators on the ground in Hawai'i, except for Carol Okada at HDOA. Just one. We must defend our "right" as a County to be able to responsibly protect and preserve lands, water, and community health. None of us want pesticide contamination of soils, and dust in communities. None of us want children's health and ability to learn to be impacted by drift or pesticide laden dust. When information is inconclusive, yet could be dangerous to communities, the Counsel has a right to act in a precautionary way on behalf of the people. I ask for your support to work with CFS and EJ as support services for Hawaii Corporation Counsel. Aloha, Nancy Redfeather and Gerry Herbert Kawanui Farm Honalo, Hawai'i comma. No. 9. Y Ref. To: J Ref. Date FFR 4 7015_