The nonprofit environmental law firm Earthjustice Monday against Hawaii’s Agribusiness Development Corporation alleging it allows pesticides and chemicals to flow unchecked through Kauai’s Mana Plain and into waterways.

The ADC聽is an attached agency of the Department of Agriculture.聽Earthjustice聽threatened to sue聽in聽May, on behalf groups including the聽Surfrider Foundation and Pesticide Action Network, according to a聽.

The ADC leases thousands of acres of land in the area to seed companies.

The lawsuit claims that a 40-mile-long drainage ditch on Kauai’s west side聽is in violation of the Clean Water Act, which requires a permit before discharging hazardous chemicals into state waters or wetlands.

The ADC decided not to renew its permit in May and instead pursue an exemption to create a plan to care for the soil and water in the Mana Plain.

A $100,000聽government study聽in response to concerns about聽pesticide use concern聽showed four pesticides were found in the area, but the amount was low enough that they wouldn’t have “significant negative” impacts on the environment.

The Department of Agriculture declined to comment, citing the pending lawsuit.

Majors Bay is one site that Earthjustice said has been affected by Mana Plain drainage waters.
Majors Bay is one site that Earthjustice said has been affected by Mana Plain drainage waters. Earthjustice

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