Red silt is inundating homes in Waimea Valley on Kauai, according to residents who testified in federal court Thursday against seed company DuPont Pioneer.
Three Waimea residents took the stand in connection with two lawsuits against Pioneer Hi-Bred International, testifying about how red dust allegedly blown from DuPont Pioneer’s fields has affected their properties.
When residents alluded to health impacts they link to the dust, U.S. District Judge Leslie Kobayashi reminded their attorneys that the case is about property damage, not physical effects.
Waimea resident Edwin Dela Cruz, whose house is near the Waimea River — with DuPont Pioneer’s fields on the opposite side — recalled observing dust clouds rising as high as 60 to 100 feet.
"When you see the equipment running, that’s when you really see it," Dela Cruz said of the dust that "trashes" his balcony.
In July he had air-conditioning units installed at his home, spending about $20,000. Dela Cruz testified that he spent thousands more repainting parts of the structure.
Dela Cruz’s home includes units that he rents to visitors. When DuPont Pioneer attorney Adam Friedenberg asked whether any tenants ever asked for their money back because they didn’t enjoy their stay, Dela Cruz responded, "No one ever said they didn’t enjoy it."
Friedenberg presented photos of the Dela Cruz house, with toys in the yard. Dela Cruz said that he hoses the toys down before letting his grandchildren play with them.
Waimea residents Al and Susan Arquette testified that they no longer use their living room because of the red dust. Their daughter has moved to another bedroom, also because of the dust, the couple said.
Al Arquette said that some area residents have pleaded with the agribusiness operation for years to keep red dust from blowing into their homes, but no action has been taken.
Arquette said DuPont repeatedly plows over the same fields, turning red dirt into red silt that tradewinds pick up.
"It gets into everything," he said, recalling how family members would vacuum their beds before going to sleep. He said about six years ago it would take three to four hours a day to clean the dust from their home.
Susan Arquette testified that the house’s furnishings were covered in dust.
When asked his opinion of the 12-foot-high dust screens that DuPont Pioneer erected to minimize dust problems, Al Arquette said, "You’re trying to keep Godzilla out of your property with 12-foot screens."
He noted that while conditions improved about two years ago, the Arquettes are still sweeping up red dust.
The jury trial resumes Friday morning.
