Call for Aloha ‘Aina

Kahea for Aloha ‘Aina

TPP (Trans Pacific Partnership) chief negotiators to meet in Hawaii March 9-15th on the Big island at the Waikoloa Beach Marriott Hotel.

This is big!  We need to mobilize for Aloha ‘Aina.  This is the NAFTA (North American Free Trade Agreement) of the Pacific that will grant corporate domination of county, state, and national sovereignty, threaten jobs, the environment, sacred sites, labor rights, increase the gap between rich and poor, and increase militarization in the Pacific, etc.
Jim Albertini

http://www.japantimes.co.jp/news/2015/02/20/business/tpp-chief-negotiators-to-meet-in-mid-march-in-hawaii/#.VOdJtVq9KK0

The 12 countries involved in a proposed Pacific-Rim free (U.S.corporate dominated) trade initiative will convene a chief negotiators’ meeting in mid-March in Hawaii, sources close to the matter said on Friday, as they scramble to secure a deal by the end of this spring. The 12 countries are the U.S., Japan, Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.

Global Trade Watch is one of the best one-stop resources for information on TPP. Go to

http://www.citizen.org/Page.aspx?pid=3129#reports

For TPP/militarization in the Pacific check out  http://imipono.org/2014/11

 

Another important article –The Trans-Pacific Partnership Clause Everyone Should Oppose, about “Investor-State Dispute Settlement,” or ISDS can be found here

http://readersupportednews.org/opinion2/277-75/28792-the-trans-pacific-partnership-clause-everyone-should-oppose

Protest plans are in the works. Your ideas on how to stand for Aloha ‘Aina are most welcomed. My contact information is below. Stay tuned. Check the malu-aina.org website for update plans. And please copy and share this information with others or refer people to the Malu-Aina website. Mahalo.

Jim Albertini for Malu ‘Aina

Contact: Malu `Aina Center for Non-violent Education & Action P.O. Box 489 Kurtistown, Hawai`i 96760.
Phone (808) 966-7622. Email
: ja@malu-aina.org http://www.malu-aina.org

Push Back the Doomsday Clock!

We Are All Down Winders!

      March 1st is known as “Nuclear-Free & Independent Pacific Day.” It commemorates the tragic 15 megaton U.S. nuclear bomb test, code named Bravo, at Bikini atoll in the Marshall Islands of Micronesia, on March 1, 1954. Many people died in the Marshall Islands from radiation contamination and fallout down wind of the Bravo blast and the 66 additional U.S. nuclear weapon tests there. The Bravo test was 1000 times more powerful than the U.S. bomb that destroyed the city of Hiroshima, Japan. (You are cordially invited to attend: The Bravo Test Remembrance Worship Event, Monday, March 2, 2015, 6:30 – 8:30 PM at the Church of the Holy Cross 440 W. Lanikaula St., Hilo, Hawai`i – across from UHH new glass building.)

      Today, we are all Down Winders. The mining and milling of uranium for making fuel for nuclear power plants and nuclear bombs, thousands of nuclear bombs tested worldwide, numerous nuclear accidents –Fukushima, Chernobyl, etc. and the widespread use of depleted uranium weapons in training and in war, have now made earth’s entire population DOWN WINDERS.

      The 133,000-acre military Pohakuloa Training Area (PTA) located in the center of Hawai`i Island is known to be contaminated with radiation from Depleted Uranium (DU) used in weapons testing, as well as lead and other military toxins. PTA is located in a dry environment, adjacent to a Girl Scout Camp where continued bombing and military maneuvers, together with frequent high winds, risk spreading the contamination in small dust particles that can be transported around the island and beyond. Citizen monitors on numerous occasions have detected radiation in civilian areas beyond the confines of PTA boundaries.

      PTA is also subject to flash flooding, which risks the introduction of military toxins into the ground water and toxins being flushed all the way down to the ocean, endangering humans, plants and animals. On July 2, 2008, the Hawai`i County Council, by a vote of 8-1, passed Resolution 639-08 calling for a halt to all live-fire at PTA and a clean up of Depleted Uranium radiation present at PTA. The U.S. military has ignored the Council’s call and continues to bomb Pohakuloa.

      The land at Pohakuloa is Hawaiian Kingdom Crown and Government lands. It’s been used as a military bombing and training area since WWII. Over 84,000 -acres were simply seized through presidential executive order #11167 at no cost. Nearly 23,000-acres are leased by the Army from the State of Hawaii for 65 years at a total cost of $1.00. Overall, Hawai`i is the most heavily militarized group of islands in the world. The Bayonet Constitution and the Reciprocity Treaty of 1887 stationed the U.S. Navy at Pearl harbor, lead to the removal of Hawai`i’s Queen in 1893, and continued U.S. military occupation ever since.

Down Winders Unite!

Remember the Marshall Islands & “Bravo”!

Stop the Bombing, Shut Down PTA, & Free Hawai`i!

1. Mourn all victims of violence. 2. Reject war as a solution. 3. Defend civil liberties. 4. Oppose all discrimination, anti-Islamic, anti-Semitic, anti-Hawaiian, etc. 5. Seek peace through justice in Hawai`i and around the world.
Contact: Malu `Aina Center for Non-violent Education & Action P.O. Box 489 Kurtistown, Hawai`i 96760.
Phone (808) 966-7622. Email
: ja@malu-aina.org http://www.malu-aina.org

Hilo Peace Vigil leaflet (Feb. 27, 2015 – 701st week) – Friday 3:30-5PM downtown Post Office

What is TPP?

What is TPP? (Trans Pacific Partnership)

Global Trade Watch is one of the best one-stop resources for

http://www.citizen.org/Page.aspx?pid=3129#reports
For TPP/militarization in the Pacific check out  http://imipono.org/2014/11

TPP chief negotiators to meet in mid-March on Big Island at Waikoloa Beach Marriott

This is big!  We need to mobilize opposition.  This is the NAFTA of the Pacific that will grant corporate domination of county, state, and national sovereignty, threaten jobs, the environment, labor rights, increase militarization in the Pacific, etc.
Jim Albertini

Daily News
TPP Negotiators Settle On Big Island Venue For Hawaii Informal Round
Posted: February 25, 2015
An informal Trans-Pacific Partnership (TPP) negotiating round slated to take place March 9-15 in Hawaii will be held at the Waikoloa Beach Marriott Resort & Spa on the Big Island, according to informed sources.
The hotel is located roughly 18 miles from Kona International Airport on the east side of the Big Island, which is also known as Hawai’i Island.
A number of U.S. industry representatives are planning to attend the informal round with the expectation that it will be an important meeting because the negotiations appear to be in their final stages. TPP countries are planning to hold a ministerial meeting in mid-April at which the U.S. and other parties are aiming to conclude an agreement.
One industry source predicted that negotiators at the Hawaii round could make decisions on technical issues that would have a major commercial impact on trade flows, even though the big-picture issues will likely be left up to ministers.
Several sources said they were operating under the assumption that the goal for the Hawaii round was to try to resolve all but the most politically sensitive issues that will be taken up by ministers the following month. At the same time, these sources noted that this has been the goal for previous rounds, including the Jan. 26-Feb. 1 negotiating session in New York.
Sources said they expect some negotiating groups, such as the one dealing with intellectual property (IP) issues, to meet in Hawaii in addition to chief negotiators. The negotiating groups on state-owned enterprises and investment are holding intersessional meetings this week in Mexico and Washington, respectively.

Arthur Stamoulis
Citizens Trade Campaign

TPP chief negotiators to meet in mid-March in Hawaii

KYODO, JIJI
The 12 countries involved in a proposed Pacific-Rim free trade initiative will convene a chief negotiators’ meeting in mid-March in Hawaii, sources close to the matter said on Friday, as they scramble to secure a deal by the end of this spring.
The negotiating members of the Trans-Pacific Partnership had hoped to hold a ministerial meeting and reach a broad agreement by mid-March. But they decided that more working-level negotiations are necessary as gaps remain over contentious issues such as intellectual property, the sources said.
The chief negotiators’ meeting is being arranged from March 9 to 15, according to the sources.
Japan’s Economic and Fiscal Policy Minister Akira Amari said the TPP countries are going to be “slightly behind schedule” and it now seems difficult to hold a ministerial meeting in early spring as anticipated, but such a high-level gathering will eventually be set sometime by the end of May.
In the United States, trade bills for giving President Barack Obama fast-track authority, formally called trade promotion authority, are expected to be submitted to Congress soon.
A ministerial meeting will be arranged “after that procedure (for TPA), or in parallel with that,” Amari said at a press conference.
Amari’s remark comes on the heels of a comment made Thursday by a senior U.S. congressman visiting Tokyo, who said he expects a bill to give Obama fast-track authority will be enacted this spring.
Paul Ryan, chairman of the U.S. House Ways and Means Committee, told a Tokyo press conference: “We are in what we call the 11th hour in negotiating the final pieces of TPA.
“We don’t have a set timeline yet, other than the fact that this will be done this spring,” he added.
If the president is given TPA, the government will only have to ask Congress whether it backs the Trans-Pacific Partnership deal across the board without revisions. The TPA legislation will be deliberated at the House Ways and Means Committee.
A Wisconsin Republican congressman who is leading bipartisan delegation of U.S. lawmakers in Japan, Ryan also said at the Japan National Press Club: “We fully anticipate this will be ready in time to make it meaningful and put in the right sequence so that we can hopefully conclude TPP negotiations soon after that.”
On Thursday, Prime Minister Shinzo Abe reiterated his resolve to conclude the free trade negotiations, during a meeting with U.S. lawmakers at the prime minister’s office.
Abe said that economic relations between Japan and the United States have strengthened considerably and that Japan hopes to further boost ties, including through the TPP initiative, according to Japanese officials.
Ryan also said at the press club that trade through the TPP will be a win-win for Japan and the United States. The two countries have struggled to find common ground on how widely Japan should open its agricultural market.
While the U.S.-led TPP initiative aims to abolish all tariffs in principle, Tokyo has sought to protect key agricultural products — rice, wheat, beef and pork, dairy and sugar.
“It’s important for us to acknowledge anxieties but also important for us to work together to find common ground and bridge those gaps so that we can have a trade agreement that builds our alliance together and that grows our economies,” Ryan said.
Japan and the U.S. account for a combined 80 percent of the TPP members’ economies, and their lingering differences on farm products and autos have acted as a drag on the overall negotiations, which began nearly five years ago.
Ryan claimed the TPP would help create more jobs, higher wages, faster economic growth and higher living standards.
“We see this as a way of increasing collaboration between our two countries and together jointly writing the rules of trade in this region, which will be to the benefit of our two countries and the global economy,” he said.
The 10 other TPP negotiating countries are Australia, Brunei, Canada, Chile, Malaysia, Mexico, New Zealand, Peru, Singapore and Vietnam.
Later in the day, the delegation held separate talks with Prime Minister Shinzo Abe and Foreign Minister Fumio Kishida. The lawmakers also met Wednesday with Amari.

Excellent summary of GMO actions on three islands.

Excellent summary of GMO actions on three islands.

KAUA‘I DISCLOSURE & BUFFER ZONE ORDINACE

LITIGATION: A BREAKDOWN

What does it do?

o The Ordinance required notification and disclosure of pesticide use to help residents avoid

pesticide drift and to ensure better medical treatment to those exposed to pesticides, and

creates buffer zones around sensitive locations, including schools, hospitals and

waterways. The Ordinance also required annual reporting, in general terms, of the type

and location of genetically engineered crops being grown in the county. Finally, the

Ordinance required—and still requires—the completion of an Environmental and Public

Health Impact Study (EPHIS) by the County assessing the numerous environmental and

public health impacts of pesticide use and genetically engineered crop cultivation.

Why is it important?

o Because of the significant environmental, human health, socioeconomic risks associated

with the commercial cultivation and testing of genetically engineered (GE) crops. The

cultivation and testing of GE crops relies heavily on the input of toxic pesticides and other

chemical inputs that have been linked to environmental contamination and negative

human health harms. The cultivation and testing of GE crops may also injure the crops of

nearby small family farmers. The residents of Kauai have a right to know when and where

pesticides are being used and GE crops are being planted. A pesticide-free buffer zone

between sensitive areas is also essential to reduce the impact of pesticide drift.

What’s the current status of the Ordinance?

o The majority of the Ordinance was struck down by the federal district court’s ruling in this

litigation (which is currently under appeal before the Ninth Circuit Court of Appeals). The

part of the Ordinance requiring that the County prepare an EPHIS was not addressed by

the litigation, and in turn the County has partnered with the State Department of

Agriculture to conduct a joint fact finding process to support collective fact-finding and

evidence-based debate about the health and environmental impacts of pesticides.

TIMELINE

It passed!

October 16, 2013: Kaua‘i County Council adopted the final language of Ordinance 960 a sixto-

one vote that took place at a hearing session that lasted more than eighteen hours.

Oct 31, 2013: Kaua‘i County Mayor Bernard P. Carvalho, Jr. vetoed its passage. Concurrent

with public announcement of his veto, the County Mayor also released a confidential legal

memorandum detailing the County Attorney’s legal opinion regarding Ordinance 960,

despite the existence of an attorney-client privilege between the County Attorney and the

County Council, and the latter’s objection to the memorandum’s release.

November 16, 2013: After an additional public hearing and a new appointment to fill an

empty seat on the Council, the Council voted to override the mayoral veto and Ordinance

960 was passed! The language of the Ordinance provided that it would not go into effect

until nine month later.

Chemical companies put on the brakes

January 10, 2014: Chemical industry, Syngenta, Pioneer, and Agrigenetics (Dow), filed

federal suit alleging a kitchen-sink of constitutional, federal, and state claims against the

Ordinance’s legality.

o Meaning: The chemical companies asked the Court to overrule the Ordinance in an

attempt to stop it from going into effect.

What happened in the district court?

February 24, 2014: A coalition of community members and national organizations (the CFS

coalition) moved to intervene to defend the Ordinance.

April 23, 2014: The district court granted the CFS’s coalition’s motion to intervene.

o Meaning: The CFS Coalition was granted permission to defend the moratorium in

court against the chemical companies as a full party.

August 25, 2014: After months of lengthy briefing and oral argument on summary

judgment, the court issued its order.

What did the court order say?

Unfortunately, the court ruled that Ordinance 960 was unlawful, finding that it was

preempted by state law; in the court’s view, the issues of GE crops and pesticides have to

be addressed in Hawai‘i at the state level, not the county level.

o Meaning: The court sided with the Industry’s arguments and found that no county in

Hawai‘i can require pesticide disclosure and buffer zone (as required under

Ordinance 960) and instead any regulation of local pesticide use must come from

the state level. The court also found that the State’s various statutes on plant pest,

noxious weeds, and plant quarantine to control any regulation of local GE crop use

and disclosure.

There were some positives in the court ruling as well, namely the court denied the

chemical companies’ claims that the county law was also contrary to or prohibited by

federal law. The federal pesticide law and the federal plant law applied to GE crops did not

prohibit county regulation.

o Meaning: The court held that the federal pesticide law did not preempt state or local

pesticide disclosure and buffer zones, so the State of Hawai’i has legal authority to

require statewide pesticide disclosure and impose pesticide buffer zones.

What’s next?

CFS is currently appealing the decision to the United States Court of Appeals for the Ninth

Circuit, with briefing that will continue through the spring of 2015, and oral argument

before the Court of Appeals to be scheduled upon completion of briefing.

HAWAI‘I ISLAND GE BAN ORDINACE LITIGATION:

A BREAKDOWN

What does it do?

o The Ordinance bans any open-air testing and cultivation of genetically engineered (GE)

crops on the Hawai’i Island, with an exception grandfathering the existing and

widespread growth of GE papaya. The Ordinance also required registration of any

indoor testing of GE crops as well as testing of GE papaya (indoor or outdoor).

Why is it important?

o Because of the significant environmental, human health, socioeconomic risks associated

with the commercial cultivation and testing of GE crops. The cultivation and testing of

GE crops relies heavily on the input of toxic pesticides and other chemical inputs that

have been linked to environmental contamination and negative human health harms.

The cultivation and testing of GE crops may also injure the crops of nearby small family

farmers.

What’s the current status of the Ordinance?

o The Ordinance was struck down by the federal district court’s ruling in this litigation

(which is currently under appeal before the Ninth Circuit Court of Appeals).

TIMELINE

It passed!

December 5, 2013: Hawaii County Council passed Bill 133 (Ordinance 13-121).

Chemical companies put on the brakes in federal district court.

June 9, 2014: Chemical industry, using various local trade associations as plaintiffs, filed

federal suit alleging preemption under federal and state laws, as well as other constitutional

law challenges.

o Meaning: The chemical companies asked the Court to overrule the Ordinance.

What happened in the district court?

August 1, 2014: a coalition of community members and national organizations (the CFS

coalition) moved to intervene to defend the Ordinance.

August 22, 2014: the district court denied the CFS coalition’s motion to intervene; instead,

the Court granted the coalition amicus status.

o Meaning: The CFS Coalition was granted permission to defend the moratorium in

court, as a “friend of the court,” with the right to file briefs and participate in oral

argument. However, as a “friend of the court,” the CFS Coalition was not a party to

the case and would not have the right to appeal the outcome of the district court

decision.

November 26, 2014: After months of lengthy briefing and oral argument on summary

judgment, the court issued its order.

What did the court order say?

Following the heels of the Kaua‘i decision, Magistrate Judge Kurren struck down the

Ordinance 13-121 as invalid, again concluding that the subject matter—GE crops— was one

that must be regulated at the state level. The decision concluded that state “preemption” of

the county ordinance is implied by state plant laws, despite the fact none of them even

mention genetically engineered crops or were intended to regulate them.

o Meaning: The court sided with the Industry’s arguments and found that state’s

various statutes on plant pests, plant quarantine, and noxious weeds, prevented any

local/county ban of GE crops (whether commercial cultivation or GE crop

experiments).

The court also refused CFS’s request to send the state law question to the Hawai`i Supreme

Court to decide, despite there being important state law questions of first impression.

Finally, the Court’s decision was not without its silver lining: The court rejected the

chemical companies’ arguments that county and state regulation of commercialized GE

crops was prohibited by federal law; however, the court also concluded federal law did

prohibit regulation of some, but not all, experimental plantings.

o Meaning: The court held that no federal law prohibit or preempts local regulation of

commercialized GE crop cultivation (i.e. not GE crop experiments).

What’s next?

The County of Hawai‘i appealed the court’s ruling to the Ninth Circuit. CFS and Earthjustice

offered to represent the County pro bono. After months of procurement process, CFS and

Earthjustice will represent the County pro bono to appeal the lower court’s ruling before

the Ninth Circuit Court of Appeals.

MAUI GE MORATORIUM: A BREAKDOWN

What does it do?

o When enforced, the initiative “A Bill Placing a Moratorium on the Cultivation of

Genetically Engineered Organisms” will place a temporary moratorium (pause) on the

planting, cultivation, and testing of Genetically Engineered (GE) Organism.

Why is it important?

o Because of the significant environmental, human health, socioeconomic risks associated

with the commercial cultivation and testing of GE crops. The cultivation and testing of

GE crops relies heavily on the input of toxic pesticides and other chemical inputs that

have been linked to environmental contamination and negative human health harms.

The cultivation and testing of GE crops may also injure the crops of nearby small family

farmers. The County has not done the assessment to ascertain if living next to fields will

permanently damage our agricultural systems or our bodies. We just want the science

to be conducted demonstrating that we and our future generations won’t be harmed.

Is it permanent?

o The moratorium can be lifted once an Environmental and Public Health Impacts Study

(EPHIS) is completed proving that the testing and cultivation of GE organisms will

benefit Maui and not harm our residents and resources. Once this study is completed,

the moratorium can be lifted upon the approval of two-thirds of the County Council.

TIMELINE

It passed!

November 4th, 2014: The people in the County of Maui made history by passing the first

ever citizen’s ballot initiative!

November 12th, 2014: SHAKA filed suit in State Court seeking declaration that the ballot

initiative is valid.

Chemical companies put on the brakes

November 13th, 2014: Chemical industry, Monsanto and Dow, filed federal suit and

concurrently filed a preliminary injunction to enjoin the County from enacting the

ordinance.

o Meaning: The chemical companies were asking that (against the clear will of the

voters) the initiative not be being enacted or enforced.

Maui County decides not to enforce the initiative

November 15th, 2014: Maui County attorneys did not oppose the injunction and filed a joint

stipulation with Chemical Industry Plaintiffs.

o Meaning: Maui County decided not to defend the will of the people. Instead, they

reached an agreement (stipulation) with the Chemical Industry to postpone enacting

the ballot initiative until at least March 31, 2015.

The federal Court granted the injunction.

o Meaning: The Moratorium can’t be enforced until March 31, 2015.

Who is involved in the case now?

December 15, 2014: Two groups sought to intervene in the federal suit (SHAKA and the

Center for Food Safety Coalition consisting of farmers/mothers of Maui and Moloka‘i). The

Court granted intervention only to SHAKA. CFS has appealed that decision.

o Meaning: SHAKA was granted permission to defend the moratorium in court against

the chemical companies as a full party while the CFS coalition was limited to amicus

status.

The Court granted CFS Coalition, as well as the Biotech Industry Organization, which did

not seek intervention, (trade organization for Monsanto) amici status.

o Meaning: These groups are considered “amici curiae,” a.k.a. friends of the court. With

this status they may each submit briefing to the Court, but are not considered parties

to the suit nor can they appeal the outcome of the Court’s final decision.

January 30th, 2014: Motion for Summary Judgment was filed and is ongoing, with both

sides and amici having filed briefs, Maui County once again took no position in a one

sentence “brief.”

o Meaning: A Summary Judgment is the means by which the Court will determine the

legality of the ballot initiative: in other words, whether the ballot initiative is

preempted by state or federal laws and whether it is legal under the Maui County

Charter. The injunction remains in place to postpone Maui County from carrying

out the will of the people.

What’s next?

March 10, 2015 at 9am: Hearing on Summary Judgment is scheduled.

o Chief Judge Susan Oki Mollway will hear arguments from both sides at a hearing in

the United States District Court of Hawai’i in Honolulu. CFS Coalition has requested

that the court allows CFS Coalition participation in oral argument and is awaiting the

court’s ruling.

Please join our membership to keep updated with the litigation and learn how you

can help.

www.centerforfoodsafety.org 808-681-7688 hioffice@centerforfoodsafety.org