Tuesday, July 14, 2020
Hawai'i Free Press

Current Articles | Archives

Friday, April 07, 2017
Dairy: Billionaire Developer Omidyar Creates More Precedents Farmers Can’t Follow
By News Release @ 6:37 PM :: 4185 Views :: Environment, Agriculture

Hawai‘i Dairy Farms’ Statement on the Proposed Consent Decree

News Release from HDF, April 6, 2017

Hawai‘i Dairy Farms and Friends of Maha‘ulepu have submitted to Judge Kobayashi for her review and approval a proposed consent decree that is the culmination of several months of settlement discussions between the parties. Both parties felt it was in their best interest to settle rather than go through a lengthy and costly trial. As part of the consent decree, Hawai‘i Dairy Farms will bolster its existing run-off prevention practices.

We are also happy to share that the court has already supported Hawai‘i Dairy Farms’ recommendation that the Makauwahi Cave Reserve be the recipient of $125,000 for a supplemental environmental project to be funded by Hawai‘i Dairy Farms after Judge Kobayashi approves the final version of the consent decree. Rather than spend money in a legal battle, we wanted to directly support the community and address the existing contamination in the area being caused by nearby injection wells, cesspools and invasive species.

This does not change our existing plans to complete the EIS. We remain committed to continuing our work with regulators and the community to bring the state’s first pasture-based dairy to fruition.

It has come to our attention that the Friends of Maha‘ulepu has released inaccurate statements falsely claiming victory in this matter. Below are clarifications to those misstatements:

  • As stated in Judge Kobayashi’s order, there is no conclusive evidence that established any discharges caused by HDF activities
  • The order does not "require Defendants to implement Best Management Practices (BMPs) to control and prevent runoff from the areas that were illegally disturbed” as quoted by FOM
  • The judge selected an independent third party monitor to observe any work needed on the existing water pipelines. It will not be monitored by FOM as stated in its release.
  • The consent decree is not “final." It is a “proposed” consent decree that was “lodged” with Judge Kobayashi. It will now be submitted to the Department of Justice (DOJ) and Environmental Protection Agency (EPA) where the document will go through a mandatory 45-day review period. Following that, it could be approved as final by Judge Kobayashi.
  • Once approved, the consent decree will only be in effect until Hawai‘i Dairy Farms obtains an NPDES stormwater construction permit.

  *   *   *   *   *


News Release from FOM, April 6, 2017

MAHA`ULEPU, Kauai, HI – Friends of Maha`ulepu (“FOM”) is pleased to announce the resolution of their Clean Water Act case against Ulupono Initiative, LLC, Hawaii Dairy Farms, LLC (“HDF”), and Mahaulepu Farm, LLC (“Defendants”). “There is finally a Federal Court Order with a signed Consent Decree that prohibits any further development, construction, or ground disturbing activities at HDF’s proposed industrial dairy site in Maha`ulepu. The Court’s Order and Consent Decree will remain in effect unless Defendants Ulupono and HDF obtain proper permits from State and County agencies and/or these Defendants abandon their interest in the Maha`ulepu site,” said Bridget Hammerquist, President of Friends of Maha`ulepu.

In a federal ruling in December, Judge Leslie E. Kobayashi found that “Defendants engaged in activities pre- and post-Complaint that required an NPDES permit.” Judge Kobyashi’s Order detailed significant unpermitted ground-disturbing activities over most of the 557 acre site. “This Order and Consent Decree require Defendants to implement Best Management Practices (BMPs) to control and prevent runoff from the areas that were illegally disturbed,” Bridget Hammerquist explained. The installation of the BMPs, as well as any future ground work necessary to perform repairs or address a sudden leak, shall be monitored by FOM to ensure water quality protections are in place. Additionally, HDF and its co-defendants have agreed to pay $125,000 to fund a Supplemental Environmental Project (SEP), a streambank restoration and endangered species protection project to be administered by the Makauwahi Cave Reserve (MCR).

“The health of Maha`ulepu, its rich heritage, County drinking water wells, our ocean and beaches should never be compromised by massive amounts of untreated animal waste” said Bridget Hammerquist.

Defendants, Ulupono and HDF have agreed to fund the SEP as part of the final resolution of the Clean Water Act case filed by FOM nearly two years ago. Supplemental Environmental Projects (SEPs) are part of settlements reached in Clean Water Act cases. They are an alternative to civil penalties that would otherwise be paid by Defendants to the Federal Government.  SEPs, on the other hand, benefit the community directly and are designed to improve, protect, or reduce risks to public health or the environment.  The SEP's activities will include removal of invasive trees and shrubs along the banks of the Waiopili, replacing them with native sedges, shrubs, and monocots. 

The MCR SEP will address the concern that: "this area contains cave passages that are believed to be suitable habitat for the blind cave organisms, but they have been impacted over past decades by the destruction of vegetation by mining activities and periodic flooding from the channelized portion of the Waiopili Stream," according to MCR.  Project funds paid to MCR will also support reforestation and erosion control in the lower Maha`ulepu watershed, the creation of wetland habitat areas, and the planting of long-rooted species will benefit the Cave's two endangered invertebrates.  The SEP activities will be carried out over a 2-year period.

The Consent Decree was filed last night with Judge Leslie E. Kobayashi in the Federal District Court.

  *   *   *   *   *

KGI:  Friends, HDF dispute consent decree impact


TEXT "follow HawaiiFreePress" to 40404

Register to Vote


808 Silent Majority

808 State Update AM940


ACA Signups Hawaii



Alliance Defending Freedom

Aloha Life Advocates

Aloha Pregnancy Care Center

American Council of Trustees and Alumni

American Mothers of Hawaii



Antonio Gramsci Reading List

A Place for Women in Waipio

Astronomy Hawaii

Audit The Rail

Ballotpedia Hawaii

Better Hawaii 

Blaisdell Memorial Project

Broken Trust 

Build More Hawaiian Homes Working Group

CAFR Hawaii

Castaway Conservative

Children's Alliance Hawaii

Children's Rights Institute


Christian Homeschoolers of Hawaii

Citizens for Recall

Cliff Slater's Second Opinion

Coffee Break

CSIS Pacific Forum

DAR Hawaii


DVids Hawaii

E Hana Kakou Kelii Akina

E Māua Ola i Moku o Keawe

Farmers For Choice Hawaii


Fix Oahu!

Follow the Money Hawaii

Frank in Hawaii

Front Page Magazine

Frontline: The Fixers

Genetic Literacy Project

Get Off Your Butts!

God, Freedom, America

Grassroot Institute


Hawaii Aganst Assisted Suicide

Hawaii Aquarium Fish Report

Hawaii Aviation Preservation Society

Hawaii Catholic TV

Hawaii Christian Coalition

Hawaii Cigar Association

Hawaii Coalition Against Legalized Gambling

Hawaii ConCon Info

Hawaii Credit Union Watch

Hawaii Crime Victims' Rights

Hawaii Crop Improvement Association

Hawaii Debt Clock

Hawaii Defending Marriage

Hawaii Defense Foundation

Hawaii Family Advocates

Hawaii Family Forum

Hawaii Farmers and Ranchers United

Hawaii Farmer's Daughter

Hawaii Federalist Society

Hawaii Federation of Republican Women

Hawaii Firearm Community

Hawaii Fishermen's Alliance

Hawaii Future Project

Hawaii Gathering of Eagles

Hawaii History Blog

Hawaii Homeschool Association

Hawaii Jihadi Trial

Hawaii March for Life

Hawaii Meth Project

Hawaii's Partnership for Appropriate & Compassionate Care

Hawaii Public Charter School Network

Hawaii Rifle Association

Hawaii Right to Life -- Big Island

Hawaii Right to Life -- Oahu

Hawaii Shield Law Coalition

Hawaii Shippers Council

Hawaii Smokers Alliance

Hawaii State Data Lab

Hawaii Together

Heritage Foundation

HI Coalition Against Legalized Gambling



Hiram Fong Papers

Homeschool Legal Defense Hawaii

Honolulu Homeless Crisis

Honolulu Navy League

Honolulu Traffic

Horns of Jericho Blog

House Minority Blog

House Republican Caucus YouTube


Hump Day Report

I Vote Hawaii

If Hawaii News

Imua TMT

Inouye-Kwock, NYT 1992

Inside the Nature Conservancy

Inverse Condemnation

Investigative Project on Terrorism

Iowa Meets Maui

Jackson v Abercrombie

Jihad Watch

July 4 in Hawaii

Kahle v New Hope

Kakaako Cares

Kau TEA Party

Kauai Co GOP

Keep Hawaii's Heroes


Land and Power in Hawaii

Legislative Committee Analysis Tool

Lessons in Firearm Education

Lingle Years

Malulani Foundation

Managed Care Matters -- Hawaii

Malama Pregnancy Center of Maui

Mauna Kea Recreational Users Group


Middle East Forum--The Legal Project

Mililani Conservatives for Change

Military Home Educators' Network Oahu

Missile Defense Advocacy

MIS Veterans Hawaii

Muslim Brotherhood in America

NAMI Hawaii



National Christian Foundation Hawaii

National Parents Org Hawaii

National Wind Watch

New Hawaiian

New Zeal

NFIB Hawaii News

No GMO Means No Aloha

Northwest Economic Policy Seminar

Not Dead Yet, Hawaii

Now What I Really Think

NRA-ILA Hawaii

Oahu Alternative Transport

ObamaCare Abortion Hawaii


OHA Lies

Opt Out Today


Pacific Aviation Museum

Patients Rights Council Hawaii

PEACE Hawaii

People vs Machine

Pritchett Cartoons 

Pro-GMO Hawaii



Rental by Owner Awareness Assn

Republican Party -- Hawaii State

Research Institute for Hawaii USA

Rick Hamada Show

RJ Rummel

Robotics Organizing Committee

Save Dillingham Airfield

School Choice in Hawaii


SIFE Remington

SIFE W. Oahu 

Sink the Jones Act

Smart About Marijuana--Hawaii

St Marianne Cope

State Budget Solutions Hawaii

State Policy Network

Statehood for Guam

Tax Foundation of Hawaii

The Harriet Tubman Agenda

The Long War Journal

The Real Hanabusa

Time Out Honolulu

Trustee Akina KWO Columns

Truth About Trade & Technology - Hawaii

UCC Truths

Union Members Know Your Rights

US Tax Foundation Hawaii Info

Valor in the Pacific

VAREP Honolulu


West Maui Taxpayers Association

What Natalie Thinks

Whole Life Hawaii