A former community education and outreach manager for an agribusiness operation on Kauai testified Friday in federal court about the handling of complaints about drifting red dust touched off by the seed company’s farming practices.
Property damage linked to the dust is the focus of a civil trial that got underway this week, which pits some Waimea, Kauai, residents against DuPont Pioneer.
The residents filed two lawsuits against DuPont Pioneer’s predecessor, Pioneer Hi-Bred International Inc., in state court on Kauai in 2011 and 2012. The lawsuits maintain that dust and pesticides from DuPont Pioneer’s Waimea seed farm damaged their property. DuPont Pioneer had both cases moved to federal court.
U.S. District Judge Leslie Kobayashi ruled before trial that the residents can introduce evidence pertaining to pesticides only to support property damage, loss of enjoyment and emotional-distress claims.
On Friday, Cindy Goldstein, DuPont Pioneer’s industry relations manager, who served as community outreach manager from 2009 through 2011 for Pioneer Hi-Bred, testified about matters tied to dust concerns.
When asked by the residents’ attorney, Patrick Kyle Smith, how she addressed complaints in 2010, Goldstein said she talked to organizations in Waimea as well as with people informally but did not directly talk to affected homeowners. "I did not meet with homeowners," she said.
Goldstein added that she had observed dust blown off fields from tradewinds in all directions, including toward Waimea.
Smith presented a document in court that showed talking points Goldstein had provided to fellow company representatives to help them prepare for an October 2010 presentation before Kauai’s mayor and community leaders.
In the document Goldstein wrote, "avoid photos that show clouds of dust rising out of fields or clouds of dust moving down Waimea Valley."
She also suggested that representatives show photos of tree species that were being considered as a windbreak at the time as well as photos of sprinklers in the field to reduce dust movement.
Sprinklers were being used near the Waimea Research Center in 2010 to control dust. Goldstein said the seed company also started using cover crops in 2009.
Waimea Valley resident Susan Arquette testified that red dust allegedly from DuPont Pioneer’s fields damaged her appliances, furniture and electronics. Among items she replaced were a refrigerator at a cost of approximately $2,500, vacuum cleaner at $1,400, stove at $800, dishwasher at $700, washing machine at $800 and dryer at $700.
The jury trial resumes Tuesday.
