Kauaʻi County’s
Arbitrary Restrictions And
Unnecessary Buffer Zones
Get Struck Down
And Ruled Invalid
August 25th, 2014
KITV.com
Kauaʻi County, Hawaiʻi
Selected And Adapted Excerpts
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A MAJOR VICTORY For Hawaiʻi’s Agricultural Industry
Officials at Kauaʻi County faced THE SPOTLIGHT OF SCRUTINY AND THE TERROR OF THE COURTS.
Their Anti-Pesticide RESTRICTION COULD NOT BE DEFENDED IN COURT.
Kauaʻi County’s ORDINANCE-RESTRICTION ARBITRARILY AND ILLEGALLY FORCED the Agriculture Industry to DIVULGE what pest control products were to be used for crop protection.
Kauaʻi County ALSO ARBITRARILY AND ILLEGALLY FORCED the Agriculture Industry to CREATE ARBITRARY AND UNNECESSARY BUFFER ZONES near public places like hospitals, schools, and parks.
Kauaʻi County’s ORDINANCE WAS STRUCK DOWN.
Kauaʻi County is a county located in the U.S. State of Hawaiʻi, with a population of 67,000.
A FEDERAL JUDGE has ruled that a Kauai County law ARBITRARILY AND ILLEGALLY FORCING the Agriculture Industry to DIVULGE its use of pest control products and Genetically Modified ( GM ) Crops is INVALID.
On August 25th, 2014, U.S. Federal Magistrate Judge Barry Kurren RULED IN FAVOUR of four agricultural businesses seeking to STOP Kauaʻi County’s ARBITRARY AND ILLEGALLY RESTRICTION from going into effect.
The businesses argued the local ordinance was INVALID AND UNFAIRLY TARGETED THE AGRICULTURE INDUSTRY.
Judge Kurren’s ruling said the ORDINANCE-RESTRICTION was PRE-EMPTED BY STATE LAW. ( See next segment. )
The ARBITRARY AND UNNECESSARY BUFFER ZONES were also STRUCK DOWN by Judge Kurren’s ruling.
Genetically Modified ( GM ) Crops are engineered to better tolerate pest control products, and, therefore, the chemicals are able to be MORE EFFECTIVELY AND MORE SAFELY used on crops.
The Agriculture Industry point out that the right protections are already in place.
According to Bennette Misalucha, Executive Director of the Hawaii Crop Improvement Association ―
This is a MAJOR VICTORY for Hawaiʻi’s Agricultural Industry and for farmers everywhere who use accepted and standard farming practices.
Anti-Pesticide Officials at Kauaʻi County were ABSOLUTELY WRONG about the need for RESTRICTIONS against pest control products !
Officials allowed themselves to be MIS-INFORMED AND DECEIVED by Anti-Pesticide Lunatics from EarthJustice, a U.S. Anti-Pesticide & Environmental-Terrorist Organization.
A LUNATIC is a person whose actions and manner are marked by EXTREME RECKLESSNESS.
In other parts of the nation, the RECKLESS ACTS OF SUBVERSION by these LUNATICS led to the ARBITRARY IMPOSITION of Anti-Pesticide PROHIBITION.
The result was CATASTROPHIC CARNAGE !
With these RECKLESS, ARBITRARY, AND ILLEGAL RESTRICTIONS against SAFE AND EFFECTIVE pest control products, it would have been INEVITABLE that FULL PROHIBITION would eventually be IMPOSED against the entire Agriculture Industry.
With TOTAL PROHIBITION, agricultural fields in Kauaʻi County would become #@!!% INSECT-INFESTED GARBAGE CROPS, and the Agriculture Industry WOULD BE DESTROYED.
The Agriculture Industry CANNOT AFFORD THIS #@!!% BAN NONSENSE.
Nonetheless, EarthJustice-Lunatics have expressed MOCK-CONCERN about the use of pest control products, and is hoping for another shot at further RESTRICTING ( i.e. PROHIBITING ) their use.
According to Paul Achitoff, Non-Expert Lunatic-Attorney for EarthJustice ―
These are toxic chemicals [ WRONG ! ], there are no questions about that [ WRONG ! ], and we can debate the legality of it, but people’s health is at stake [ WRONG ! ].
The reason this ORDINANCE [ RESTRICTION ] was passed is the state has not stepped up to protect people as they should [ WRONG ! ].
Anti-Pesticide EarthJustice-Lunatics who SUPPORT the ORDINANCE-RESTRICTION are looking into APPEALING THE RULING. Big Surprise.
If these EarthJustice-Lunatics were not so SCIENTIFICALLY ILLITERATE, they would know that scientific research shows that, as reported through Environmental Protection Agency’s and Health Canada’s vast toxicology database, LEGITIMATE SCIENTIFIC EVIDENCE demonstrates that NO HARM will occur when pest control products are used.
If⁄when Kauaʻi County IMPOSES ARBITRARY PROHIBITION, the AGRICULTURE INDUSTRY WILL BE LOST.
CARNAGE INFLICTED BY CATASTROPHIC ANTI-PESTICIDE PROHIBITION will lead to BANKRUPTCY, UNEMPLOYMENT, DESPAIR, and DESTITUTION against the Agriculture Industry.
We must STOP RESTRICTIONS and STOP PROHIBITIONS in Kauaʻi County, whatever the cost may be.
WEB-PAGES ― CATASTROPHIC CARNAGE
CARNAGE INFLICTED BY CATASTROPHIC ANTI-PESTICIDE PROHIBITION ( Main Web-Page )
CARNAGE INFLICTED BY CATASTROPHIC ANTI-PESTICIDE PROHIBITION – REPORTS & LETTERS TO THE EDITOR ( Web-Page )
https://pesticidetruths.com/toc/carnage-caused-by-catastrophic-anti-pesticide-prohibition-2/
CARNAGE INFLICTED BY CATASTROPHIC ANTI-PESTICIDE PROHIBITION – REFERENCES & WILHELM SCREAM ( Web-Page )
https://pesticidetruths.com/toc/carnage-caused-by-catastrophic-anti-pesticide-prohibition-3/
CARNAGE INFLICTED BY CATASTROPHIC ANTI-PESTICIDE PROHIBITION – RE-DIRECT LINKS ( Web-Page )
https://pesticidetruths.com/toc/carnage-caused-by-anti-pesticide-prohibition/
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America’s Pre-Emption Laws
Judge Kurren’s ruling said the ORDINANCE-RESTRICTION in Kauaʻi County, Hawaiʻi was PRE-EMPTED BY STATE LAW.
Under the Federal Insecticide, Fungicide and Rodenticide Act ( FIFRA ), states are allowed to develop their own regulations that are more comprehensive and stringent than federal regulations.
State regulatory offices typically license Professional Lawn Care companies and other users of pest control products, certify individual applicators, investigate companies, and enforce laws in conjunction with the EPA and other agencies, according to the National Pesticide Information Center.
The MAJORITY of states have legislated PRE-EMPTION LAWS in order to STOP U.S. ENVIRONMENTAL TERRORISM.
In general terms, PRE-EMPTION refers to the ability of one level of government to OVER-RIDE the laws of a lower level.
PRE-EMPTION LAWS have effectively STOPPED the possibility of STATE or MUNICIPAL PROHIBITIONS of pest control products, and even fertilizers, used in the Urban Landscape and in the Agriculture Industry.
However, with the support of Anti-Pesticide Organizations, several states and municipalities are fighting to overturn PRE-EMPTION LAWS in order to IMPOSE the NEEDLESS, SENSELESS, and MALICIOUS PROHIBITION of products that are, otherwise, EPA-APPROVED, FEDERALLY-LEGAL, SCIENTIFICALLY-SAFE, PRACTICALLY-NON-TOXIC, and CAUSE NO HARM.
Kauaʻi County’s Anti-Pesticide ORDINANCE WAS STRUCK DOWN because it was ILLEGAL.
ENVIRONMENTAL TERRORISM was STOPPED in Kauaʻi County.
U.S. ENVIRONMENTAL TERRORISM ― WEB-PAGES & PHOTO GALLERY
U.S. ENVIRONMENTAL TERRORISM – STATE PRE-EMPTION ( Web-Page )
https://pesticidetruths.com/toc/u-s-environmental-terrorism/
U.S. ENVIRONMENTAL TERRORISM – HIGHLAND PARK, ILLINOIS ( Web-Page )
https://pesticidetruths.com/toc/highland-park-illinois/
U.S. ENVIRONMENTAL TERRORISM – DURANGO, COLORADO – CARNAGE INFLICTED BY GARBAGE DUMP GREEN SPACES – PESTICIDE BANS HAVE NEVER MADE OUR GREEN SPACES LOOK SO #@!!% UGLY ( Photo Gallery That Includes Durango )
https://pesticidetruths.com/toc/carnage-leading-to-garbage-dump-green-spaces-photo-gallery/
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Background Information From An Independent Perspective
Real Trends AGAINST PROHIBITIONS And RESTRICTIONS
It is IMPOSSIBLE for home-owners or maintenance professionals to keep their properties beautiful, or farmers to successfully grow crops, by using so-called Green Alternative Pesticides and Practices.
Without conventional pest control products, playing surfaces become THIN AND YELLOW, and OVER-RUN WITH WEEDS and INFESTED WITH INSECTS, resulting in the dismal DESTRUCTION OF SAFE TURF PLAYING SURFACES and turning them into GARBAGE DUMPS.
Without conventional pest control products, the world would LOSE AT LEAST 40 PER CENT OF ITS FOOD SUPPLY.
WHO WANTS TO #@!!% STARVE TO DEATH ?!?!
WHO WANTS TO LIVE IN #@!!% PEST-INFESTED GARBAGE DUMPS just because a small group of activists seek to IMPOSE ARBITRARY AND RECKLESS PROHIBITION ?!?!
Can municipalities and home-owners afford THE HARDSHIP AND COST OF THIS #@!!% PESTICIDE BAN NONSENSE ?!?!
NO !
Organic Pesticide-Free Maintenance is promoted by ENVIRO-VERMIN with UNVERIFIABLE SUCCESS STORIES !
Organic is a DISMAL FAILURE !
Anti-Pesticide Lunatics are PUSHING PROHIBITION DESPITE OVERWHELMING EVIDENCE THAT INDICATES PEST CONTROL PRODUCTS ARE SCIENTIFICALLY-SAFE.
Moreover, Green Alternative Pesticides, as well as Organic Fertilizers, are often owned and distributed by the very same ENVIRO-VERMIN who CONSPIRE TO IMPOSE Anti-Pesticide PROHIBITION.
The question of Anti-Pesticide PROHIBITION and RESTRICTIONS revolves less around health and environment concerns, and more around PRODUCTS AND SERVICES that are sold at STUNNINGLY EXORBITANT COSTS.
When it comes to PROHIBITION, Municipal Officials are THINKING TWICE ABOUT BANNING PESTICIDES by looking at the experience of those jurisdictions that have suffered the HARDSHIP AND STUNNINGLY EXORBITANT COSTS OF THIS #@!!% NONSENSE !
In fact, there are REAL TRENDS AGAINST PROHIBITION.
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Background Information From An Independent Perspective
Real Trends AGAINST PROHIBITIONS And RESTRICTIONS ( continued )
The following jurisdictions STOPPED or RESCINDED or LIMITED or OPPOSED Anti-Pesticide PROHIBITION and Anti-Pesticide RESTRICTIONS, or granted professional lawn care businesses with an EXCEPTION STATUS …
Real Trends Against Pesticide Bans ― Victories Against Terrorists ! ( Web-Page )
ALBERTA, Province of ― Proposed Provincial Prohibition Stopped ( Report )
ALTONA, City of ( Manitoba ) ― Proposed Provincial Prohibition Opposed ( Report 1 )
ALTONA, City of ( Manitoba ) ― Proposed Provincial Prohibition Opposed ( Report 2 )
ASHLAND, City of ( Oregon, USA ) ― Existing Prohibition Rescinded ( Report )
BEAUMONT, Town of ( Alberta ) ― Proposed Prohibition Stopped ( Report )
BELLEVILLE, City of ( Ontario ) ― Proposed Prohibition Stopped ( Report 1 )
BELLEVILLE, City of ( Ontario ) ― Proposed Prohibition Stopped ( Report 2 )
CALGARY, City of ( Alberta ) ― Proposed Prohibition Stopped ( Report 1 )
CALGARY, City of ( Alberta ) ― Proposed Prohibition Stopped ( Report 2 )
CALGARY, City Of ( Alberta ) ― Existing Self-Imposed Prohibition Discarded ( Report )
CAMPBELL RIVER, City of ( British Columbia ) ― Proposed Prohibition Extinguished ( Report )
CHICAGO, City of ( Illinois, USA ) ― Existing Prohibition Rescinded ( Report )
DURANGO, City of ( Colorado, USA ) ― Proposed Prohibition Stopped ( Report )
EDMONTON, City of ( Alberta ) ― Proposed Prohibition Stopped ( Report )
GUELPH, City of ( Ontario ) ― Existing Prohibition Reversed ( Report )
MERRITT, Town of ( British Columbia ) ― Proposed Prohibition Stopped ( Report )
OGUNQUIT ( Maine ) ― Proposed Prohibition Stopped ( Report )
ONTARIO ( Province ) ― Provincial Prohibition Against Neonicotinoid Insecticides Stopped ( Report )
PORT ALBERNI, City of ( British Columbia ) ― Existing Prohibition Rescinded ( Report 1 )
PORT ALBERNI, City of ( British Columbia ) ― Existing Prohibition Rescinded ( Report 2 )
ROSSLAND, City of ( British Columbia ) ― Proposed Prohibition Stopped ( Report )
SCARBOROUGH, Town of ( Maine, USA ) ― Existing Prohibition Rescinded ( Report )
STEINBACH, City of ( Manitoba ) ― Proposed Provincial Prohibition Opposed ( Report )
STUARTBURN ( Manitoba) ― Proposed Provincial Prohibition Opposed ( Report )
VERNON, City of ( British Columbia ) ― Proposed Prohibition Stopped ( Report )
WINKLER, City of ( Manitoba ) ― Proposed Provincial Prohibition Opposed ( Report 1 )
WINKLER, City of ( Manitoba ) ― Proposed Provincial Prohibition Opposed ( Report 2 )
THE TRENDS AGAINST PESTICIDE BANS AND RESTRICTIONS ARE RELENTLESS AND UNCEASING.
NO ONE WANTS THIS #@!!% NONSENSE !
WEB-PAGES, REPORTS, & BLOG ― REAL TRENDS AGAINST PESTICIDE BANS
REAL TRENDS AGAINST PESTICIDE BANS – VICTORIES AGAINST TERRORISTS ! ( Web-Page )
https://pesticidetruths.com/toc/victories-against-terrorists/
REAL TRENDS AGAINST PESTICIDE BANS – VICTORIES AGAINST TERRORISTS ! – VARIOUS STATEMENTS FOR MEDIA RELEASE ( Web-Page )
https://pesticidetruths.com/victories-against-terrorists-statements/
REAL TRENDS AGAINST PESTICIDE BANS – SUMMARY OF THE VICTORIES AGAINST ANTI-PESTICIDE TERRORISTS – THE TREND AGAINST PESTICIDE BANS CONTINUES AGAIN AND AGAIN – 2013 02 25 ( Report )
REAL TRENDS AGAINST PESTICIDE BANS – D-DAY AGAINST PESTICIDE BANS – LIBERATING SOCIETY FROM OCCUPATION – 2014 06 06 ( Blog )
REAL TRENDS AGAINST PESTICIDE BANS – POSTERS – OUR CHILDREN ARE SAFE WHEN PESTICIDE BANS ARE STOPPED – 2012 10 11 ( Report )
REAL TRENDS AGAINST PESTICIDE BANS – VICTORY – KAMLOOPS, BRITISH COLUMBIA – GREEN PARTY PROFITEERS HAVE NO SUPPORT – DONOVAN CAVERS – GREEN PARTY OF CANADA ( Web-Page )
REAL TRENDS AGAINST PESTICIDE BANS – AMENDMENT TO ONTARIO PESTICIDE BAN – STRIKING BACK – TED CHUDLEIGH – 2012 05 18 ( Report )
REAL TRENDS AGAINST PESTICIDE BANS – BEGINNING TO REPEAL ONTARIO ANTI-PESTICIDE PROHIBITION – STRIKING BACK – TED CHUDLEIGH – 2012 05 09 ( Report )
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Read … FORCE OF NATURE And PESTICIDE TRUTHS
Discover What Anti-Pesticide And Enviro-Lunatic Terrorists Are Doing And Saying About Subversively Imposing Their Life-Style Choices Against Our Society
Read … REPORTS FROM FORCE OF NATURE & PESTICIDE TRUTHS ― The Whole Truth From An Independent Perspective.
Go to THE PESTICIDE TRUTHS WEB-SITE – ARCHIVE OF REPORTS
Communities and businesses are being HARMED and DESTROYED and RAPED by LUNATICS who ARBITRARILY AND RECKLESSLY IMPOSE PROHIBITIONS against pest control products used in the Urban Landscape, and who PERPETRATE OTHER ACTS OF ENVIRONMENTAL TERRORISM.
We are living in the 9|11 Era of Anti Pesticide and Environmental Terrorism where at least ONE SUBVERSIVE ACT OF TERROR is perpetrated EVERY SINGLE DAY by LUNATICS.
A LUNATIC is a person whose actions and manner are marked by extreme recklessness.
The RECKLESS ACTS OF SUBVERSION by these LUNATICS has led to the ARBITRARY IMPOSITION of Anti-Pesticide PROHIBITION in several jurisdictions throughout North America.
The result was CATASTROPHIC CARNAGE !
Because of Anti-Pesticide PROHIBITION, provinces like Ontario now have a TRAIL OF ECONOMIC DESTRUCTION WITH HUNDREDS OF SMALL BUSINESSES DESTROYED and THOUSANDS OF PEOPLE OUT OF WORK, a MORE DANGEROUS OUTDOOR ENVIRONMENT, and a BLACK MARKET IN PESTICIDES.
Only TRUE LUNATICS would wish to create a TRAIL OF ECONOMIC DESTRUCTION WITH HUNDREDS OF SMALL BUSINESSES DESTROYED and THOUSANDS OF PEOPLE OUT OF WORK.
Because of these LUNATICS, we are living in the DARK AGE OF ANTI PESTICIDE TERRORISM where sound science is trumped by FAKE SCIENTISTS, JUNK SCIENCE and UNVERIFIABLE SECRET EVIDENCE through FABRICATION, INNUENDO, and INTERNET RUMOR ― scientific research PROVES that pest control products CAUSE NO HARM and can be USED SAFELY.
An informed public is better able to protect itself and its communities and businesses from so-called activists ( a.k.a. LUNATICS ) who are THE LEAST QUALIFIED TO PROVIDE ANY ADVICE about pest control products or the environment.
NORAHG is the National Organization Responding Against HUJE that seek to harm the Green space industry, and the well-being of our communities.
NORAHG morally represents the VAST SILENT MAJORITY of people associated with turf and ornamental plant maintenance who are OPPOSED to LUNATICS and their Anti Pesticide PROHIBITIONS, resulting in the CLOSURE or ABANDONMENT of green spaces under the RIDICULOUS PRETEXT CONCOCTED BY LUNATICS of somehow « saving » the environment.
NORAHG is a NATIONAL NON-PROFIT NON-PARTISAN organization that does not accept money from corporations or governments or trade associations, and represents NO VESTED INTERESTS WHATSOEVER.
NORAHG is dedicated to reporting PESTICIDE FREE FAILURES, as well as the work of RESPECTED and HIGHLY RATED EXPERTS who promote ENVIRONMENTAL REALISM and PESTICIDE TRUTHS.
NORAHG busts the THE MYTHS ABOUT BANNING PESTICIDES.
NORAHG responds on behalf of the VAST SILENT MAJORITY of THE PUBLIC THAT DOES NOT WANT PESTICIDE BANS, and SUPPORT those who work in the Professional Lawn Care Industry, the Golf Industry, and the Agriculture Industry.
NORAHG is opposed to PESTICIDE FREE jurisdictions where LUNATICS have DOOMED CHILDREN to SUFFER INJURIES since Anti-Pesticide PROHIBITION inevitably leads to public and residential green spaces that become DANGEROUS AND PEST-INFESTED GARBAGE DUMPS.
Go to the following links …
ANTI-PESTICIDE PROHIBITION DESTROYED GREEN SPACES
PESTICIDE BANS MADE OUR GREEN SPACES LOOK #@!!% UGLY – PHOTO GALLERY
EMERALD ASH BORER – SAFE & EFFECTIVE INSECTICIDES VERSUS CHAIN SAWS
NORAHG is concerned that, because of PESTICIDE FREE MAINTENANCE of parks and sports fields, CHILDREN ARE AT HIGHER RISK OF SUFFERING INJURIES with DANGEROUS PLAYING SURFACES CREATED BY #@!!% PESTICIDE BANS.
NORAHG pledges to deliver comprehensive reports that are worthy of peoples’ time and of peoples’ concern, reports that might ordinarily never have breached the parapet.
NORAHG was the brainchild of William H. Gathercole and his colleagues in 1991. Mr. Gathercole is now retired, although his name continues to appear as founder.
Force Of Nature was launched by NORAHG for CONTINUOUS transmission on the Internet on January 1st, 2009 ― however, the VERY FIRST Stand-Alone FORCE OF NATURE Report was issued on September 19th, 2008.
On March 15th, 2010, Uncle Adolph independently launched The Pesticide Truths, an easy-to-use Web-Site that collects relevant reports of information right-off-the-press.
Pesticide Truths and Force Of Nature, in some ways, are like Google for everything concerning the SUBVERSIVE ACTIVITIES of Anti-Pesticide and Enviro-Lunatic Terrorists.
For The Complete Library of reports from FORCE OF NATURE, and PESTICIDE TRUTHS, go to the following archives …
THE PESTICIDE TRUTHS WEB-SITE – ARCHIVE OF REPORTS
THE COMPLETE LIBRARY OF WEB-PAGES, REPORTS, & REFERENCES
THE UNCLE ADOLPH VIDEO LIBRARY
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Background Information From An Independent Perspective
The Whole Truth Can Be Found … On The Pesticide Truths Web-Site …
THE PESTICIDE TRUTHS WEB-SITE – ARCHIVE OF REPORTS ( Home Page )
PESTICIDE BANS ARE A FARCE ( Report )
FIESTA CANNOT BE USED TO VALIDATE ANTI-PESTICIDE PROHIBITION ( Report )
BEE-KEEPERS ARE KILLING BEES, AND NOT INSECTICIDES ( Web-Page )
REAL TRENDS AGAINST PESTICIDE BANS ( Web-Page )
ENEMIES LIST IN THE 9|11 ERA OF ANTI-PESTICIDE TERRORISM ( Report )
CARNAGE CREATED BY CATASTROPHIC ANTI-PESTICIDE PROHIBITION ( Main Web-Page )
THE EXORBITANT COST OF PESTICIDE BANS ( Report )
ATTACKS AGAINST GOLF FACILITIES ( Report )
MYTHS ABOUT BANNING PESTICIDES – LEADING SCIENTIFIC HEALTH AND POLICY EXPERTS ( White Paper )
COMPLAINT CHANNELS – COMPLAIN ABOUT THE ANTI-PESTICIDE LUNATICS ( Web-Page )
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