Federal Judge Rules Toxic Water Discharged Off Kauai Is Illegal
Pesticides, heavy metals, sediment and other pollutants have been discharged by a state agency through an illegal plantation-era ditch system since 2015.
A federal judge ruled Tuesday that the Hawaii Agribusiness Development Corp. violated the federal Clean Water Act and beached public trust by discharging millions of gallons of into the ocean off of Kauai鈥檚 west side.
Toxic runoff continues to be released into the ocean near Barking Sands and Kekaha Beach Park through a plantation-era drainage ditch system that has not been permitted since August 2015, according to court documents. The ocean in this area is heavily used for swimming, fishing, surfing and other recreational activities.
U.S. District Judge Derrick Watson ruled in favor of environmental groups Na Kia’i Kai, Surfrider Foundation and Pesticide Action Network, which filed the complaint.
“There is no question that ADC discharges polluted water into the near-shore waters of the Pacific Ocean off Kauai’s western coast on a daily basis,” Watson wrote.
HADC is the state agency in charge of helping to diversify Hawaii agriculture.
Earthjustice responded to the ruling with .
