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A Kauai circuit judge Thursday dismissed a lawsuit calling for environmental review of seed company operations, the Garden Island reports.
Syngenta isn’t proposing any new uses for the land it operates on Kauai’s west side, and with no change in use, Judge Randal Valenciano ruled that the state need not require an environmental impact statement or environmental assessment of its actions.
But Valenciano did rule that the Hawaii Environmental Policy Act does apply to companies like Syngenta when they propose new operations.
“There’s no indication that there’s going to be a change in the use, no evidence that the action has changed,” Valenciano said Thursday.
Defendants Syngenta and the state Board of Land and Natural Resources both said they are encouraged by the ruling, and plaintiffs said they plan to appeal.
“The Department of Land and Natural Resources — headed by its board — is charged to manage, administer and control the state’s public lands and resources. This is a huge responsibility that the department and the board discharge to the very best of their ability,” said department Director Suzanne Case.
Paul Minehart, Syngenta’s spokesman, said the company is pleased with the ruling “and believed the permit process was handled appropriately.”
The plaintiffs are the community hui Ke Kauhulu o Mana, the Hawaii Alliance for Progressive Action, Surfrider Foundation, Kohola Leo and Kekaha resident Punohu Kekaualua III. Alliance President Gary Hooser said he is pleased that “leases for any new or expanded operations in the future will be required to go through an environmental review process.”
The lawsuit stemmed from a February Land Board decision to consolidate two parcels of land leased by Syngenta under one revocable permit.