GMW: State Uses Illegal Tactics to Push Controversial Biotech Project

[Guest guest]

GMW: State Uses Illegal Tactics to Push Controversial Biotech

Project

" GM WATCH " <info

Wed, 17 Aug 2005 10:58:23 +0100

 

 

 

 

GM WATCH daily

http://www.gmwatch.org

------

Important article. Excerpt: ' " We don't understand why the State is

investing in a failing industry that has losses of over $43 billion, "

says

Haumea Hanakahi of Hui Hoaka, also a party in the petition. The

industry she refers to is biotechnology.

 

Overall, airlines accumulated a net loss of $5 billion from 1947 to

2003. Publicly traded biotechnology companies in the U.S. lost $41

billion

from 1990 to 2003, according to Ernst & Young LLC. [1]

 

" The State is prostituting our islands. The State gives away massive

amounts of tax credits to the industry for biotech business investment,

research development, net operating loss, exclusions of royalties from

gross income and even tax exemption on stock options. That's plenty in

lost tax revenues that could help our schools, our kupuna, our

communities. Instead, the irresponsible of these corporations come,

take from

Hawaii, make plenty opala, and leave state taxpayers with legal liability

for the irreversible damage and messes they make. Strange, yeah, Rincon

Pharmaceuticals is a new biotech startup and partner in the project but

they're never named on the permit. Zero liability to them.'

------

State Uses Illegal Tactics to Push Controversial Biotech Project

Board of Agriculture Redefines Own Rules To Avoid Contested Case

Hearing

By Haumea Hanakahi, Henry Curtis and Andrew Kimbrell, 8/16/2005

 

http://www.hawaiireporter.com/story.aspx?128c5785-8637-4959-baa0-a5d42bdfe0c8

 

In a controversial case involving 7 strains of newly created mutated

alga, the Board of Agriculture's most recent actions, again, seem to

support corporate agenda over the public trust.

 

After the 6/28/05 hearing of which over 120 testimonials were submitted

urging the denial of permit, the Board stunned the crowd with a

cavalier quoting of Wanda Adams, Food Editor of the Honolulu Advertiser

" remember when we were all warned microwaves were dangerous, and now

we all

use them‚ " ; a vote was called, and the Board approved (6-2) the permit

to import, grow, and export the mutated algae.

 

In the aftermath of the decision and amid serious concerns for impact

upon agriculture, health and safety, native resources and the

environment, a coalition called Na Maka o Hawaii Nei was spontaneously

formed to

protect and nurture our island wealth.

 

On 7/7/2005 the coalition of over 22 groups and individuals filed an

official request for a contested case hearing with the Board of

Agriculture to challenge the permit granted the financially troubled Mera

Pharmaceuticals to grow the genetically engineered algae at the state's

Natural Energy Lab of Hawaii Authority (NELHA) on the Kona coast of

Hawaii

Island.

 

On 8/15/05, the coalition Na Maka o Hawaii Nei received a letter from

the Dept. of Agriculture stating that only the applicant of a permit can

ask for a contested case hearing. The one-paragraph letter reads

" Neither statute nor constitutional due process require a contested case

hearing in this situation and the Board's rules do not provide for a

contested case hearing for persons such as the HUI [coalition]. "

 

" The letter contradicts the clear and obvious intent of the Hawaii

Administrative Rules, " said Henry Curtis, advocate and party to the

petition. Under the Hawaii Administrative Rules (HAR) 4-1-36(b): " A

person

aggrieved by a decision or ruling of the board shall file a request for

hearing within ten calendar days after mailing of written notice of board

action " ; and HAR 4-1-2 Definitions: " 'Person' means individuals,

partnerships, corporations, associations, or public or private

organizations

of any character other than the board [of agriculture] or the

department [of agriculture]. "

 

" The coalition is shocked and outraged that the state has denied the

public's right to challenge a permit, " said Kat Brady of Life of the

Land. " Genetically engineered algae have never been grown at this level

anywhere in the world and the hui [coalition] is concerned that escape of

these algae will cause extensive harm to our fragile ecosystem. This is

a great concern since the state currently spends $47 million a year on

eradication of invasive species.

 

Economy

 

" We don't understand why the State is investing in a failing industry

that has losses of over $43 billion, " says Haumea Hanakahi of Hui Hoaka,

also a party in the petition. The industry she refers to is

biotechnology.

 

Overall, airlines accumulated a net loss of $5 billion from 1947 to

2003. Publicly traded biotechnology companies in the U.S. lost $41

billion

from 1990 to 2003, according to Ernst & Young LLC. [1] " The State is

prostituting our islands. The State gives away massive amounts of tax

credits to the industry for biotech business investment, research

development, net operating loss, exclusions of royalties from gross

income and

even tax exemption on stock options. That's plenty in lost tax revenues

that could help our schools, our kupuna, our communities. Instead, the

irresponsible of these corporations come, take from Hawaii, make plenty

opala, and leave state taxpayers with legal liability for the

irreversible damage and messes they make. Strange, yeah, Rincon

Pharmaceuticals

is a new biotech startup and partner in the project but they're never

named on the permit. Zero liability to them. Hmmm. It's just a matter of

time when these mutant algae become a new invasive species

contaminating our water, soils, air and agriculture. Can we afford

that? Why is

the Board of Agriculture ignoring all the expert testimony that came in

from around the world warning of serious consequences? " she asks.<

 

Health

 

The Na Maka o Hawaii Nei coalition also states strong health concerns.

The Board of Agriculture's decision to allow Mera and Rincon

Pharmaceuticals to import 7 strains of mutated algae without a

comprehensive risk

assessment signals profit over people. These companies hope to cash in

on creating drugs from the algae. However, these laboratory created

algae that contain synthetic human-like antibodies are unlikely to

ever be

approved for drug manufacture.

 

Andrew Kimbrell, Executive Director for the Center for Food & Safety,

WA DC stated, " the State is illegally permitting a Biotech startup to

endanger Hawaii's environment and people for a project that is doomed

from the start. The federal government has never given commercial

approval

of a drug to be made from genetically modified or engineered plants or

organisms. The chances of success are nil and the risks too great. "

 

In response to Mera and Rincon Pharmaceutical's assurances that their

GE algae are " safe " , Dr. Doug Gurian-Sherman, Senior Scientist for the

Center for Food Safety, WA DC and currently serving on the FDA's

Biotechnology Advisory Subcommittee wrote, " those assurances are not

based on

safety testing, but on conjecture. For example, proteins such as those

produced in Mera's algae might cause immune reactions if ingested or

inhaled, as may occur from aerosolized or desiccated algae if they escape

and reproduce in the environment. And such immune responses can

conceivably occur at very low exposures. For example, several years

ago expert

allergists and immunologists would not allow exposure to as little as

20 parts per billion of genetically engineered StarLink protein after

food was contaminated because they could not be sure that allergy would

not occur. Doing the right thing to ensure safety will pay in the long

run with increased citizen confidence. "

 

Environment

 

On 8/2/05 a lawsuit was filed against the Board of Agriculture to

comply with Hawaii's Environmental Protection Act. " The law requires the

State to fully examine the potential impacts of bringing these alien,

drug-laden algae to our islands, " said Earthjustice attorney Isaac

Moriwake. " The government and public need to understand the potential

impacts

and available alternatives before this experiment begins. "

 

Dr. R. Malcolm Brown, Jr., Univ. Texas, Professor of Biology wrote, " I

have identified both native and indigenous strains of Chlamydomonas. So

much more needs to be studied. The introduced alga has the potential to

hybridize with the native and indigenous strain of this alga. That

would mean genetic alteration of yet another pristine species from

Hawaii's

world renown biodiversity. Not only that, but native strains of this

alga are found in air, soils, and fresh and brackish water of Hawaii.

This indicates that once introduced into the native population, the

genetically modified strains could rapidly spread to all parts of

Hawaii. The

immense invasive species problem this presents should be addressed " .

 

The coalition Na Maka o Hawaii Nei agrees that, " We encourage good

business that actually DOES good in Hawaii. We have zero tolerance for

any

business that would inflict harm upon Hawaii's communities. " You can

add " zero tolerance for any government behaviors that would inflict harm

upon Hawaii's communities. " Perhaps the Governor needs to hear from her

constituents.

 

[1] For more information on failed biotech industry see 'Biotech's

Dismal Bottom Line: More than $40 Billion in Losses,' by David P.

Hamilton,

Wall Street Journal, May 20, 2004, and 'States, Cities Court Biotech,

But Is It Worth It?' by Paul Elias, AP June 9, 2004.

 

Na Maka o Hawaii Nei is a coalition protecting and nurturing the

islands' wealth. For more information, contact Haumea Hanakahi, Hui Hoaka

(808-896-9926); Henry Curtis, Life of the Land (808-927-0709); Andrew

Kimbrell, The Center for Food Safety (202-547-9359)

 

 

 

 

---------------------------