Kaʻū News Briefs, Saturday, June 8, 2019

Moonset over Mauna Loaand Kīlauea. NPS Photo/Janice Wei

HAWAIʻI FILED TWO SUITS AGAINST MAKERS OF OXYCONTIN and other opioid manufacturers, distributors, and key executives this week, joining more than 40 other states and Washington, D.C.
     Hawaiʻi Attorney General Clare Connors said, "The opioid epidemic is a national tragedy, and those who cause this problem should be held accountable. We will aggressively litigate this case to ensure that Hawaiʻi's taxpayers are not alone in shouldering this burden." She noted that cases of opioid deaths, overdoses, and related sicknesses increased in Hawaiʻi during recent years.
     Defendants include Purdue Pharma, which manufactures Oxycontin; Malinkrodt PLC, Endo Health Solutions, Inc., Actavis PLC, McKesson Corp., Amerisource Bergen Drug Corp., and related marketing and distribution entities.
     The heart of the case for the Hawaiʻi AG is the state' s Unfair and Deceptive Acts and Practices Law. Violators are subject to damages and penalties. Both suits contend that manufacturers and distributors aimed to create an opioid market through exaggerating the drugs' benefits and minimizing their risks of creating abuse, dependence, and addiction.
     Hawaiʻi law allows for civil penalties of up to $10,000 per violation. The state is seeking penalties and punitive damages, noting the burden placed on the health care system.
     Honolulu law firm Cronin, Fried, Sekiya, Kekina, & Fairbanks represents State of Hawaiʻi, with Dallas law firm of Baron & Budd retained as special deputy attorneys general.

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A PROPOSAL TO REQUIRE HIRING ONE FULL TIME COUNTY EMPLOYEE, FUNDED BY THE 2 PERCENT LAND FUND, to work solely on the Land Fund program, failed to pass the Hawaiʻi County Charter Commission on Friday. The proposal could come up again in July when the County Council reviews Charter Commission recommendations. If approved by the Charter Commission and County Council it would be decided by Hawai`i County voters on the 2020 ballot.
     Currently, county employees, not funded by the 2 Percent Land Fund, work on the program part time. The proposal from Save Our Lands Citizen's Committee for the 2 Percent Land Fund, is for the county to hire one full time employee, with salary coming from the Land Fund. The Land Fund is acquired from 2 percent of county property taxes and is used to purchase and steward special properties around the island that are recommended by PONC, the Public Access, Open Spaces and Natural Resources Commission. Much of the land purchased to date is located in Ka‘ū.
     The new fulltime county employee would work solely on the many requests from the public for acquisition of special properties, help to find partners to assist in purchasing land, help with the purchase and closing on the properties, and help with stewardship of properties acquired.
     In July, when the County Council reviews proposed Hawaiʻi County Charter amendments, the council can recommend that the Charter Commission reconsider the wording proposed by Save Our Lands.
     The Charter Commission did approve a similar amendment on Friday. It would require the 2 Percent Land Fund to “Pay for the salary, wages and benefits of staff dedicated to advancing the Activities contained within this section and Section 10-16 of this charter.”   

PONC funding contributed to the purchase of 786 acres at Kāwā, which is stewarded, in part, by Nā Mamo O Kāwā.  Photo by Julia Neal

     Debbie Hecht, Campaign Coordinator for Save Our Lands, said the wording is important and should be specific. The group proposed the amendment for the 2 Percent Land Fund,  to “Pay for the salary, wages and benefits of one full-time staff member, employed by the Department of Finance dedicated only to advancing administering the activities contained within this section and Section 10-16 of this charter.  This is in addition to a staff person provided for in the Hawaii County Code to assist the Public Access, Open Space and Natural Resources Commission.”
     She explained: "Real estate deals are time sensitive, they are deadlines for appraisals, endangered species studies, historical research, title searches and land surveys. It takes time to research available matching funds and write the grants to gain these funds.
      In an email to supporters, Hecht pointed to success this year. Two Percent Land Fund advocates prevented a proposed County Charter Amendment to reduce the Land Fund from 2 percent to .75 percent. They also successfully advocated against a proposal that would omit a clauses that preserves the 2 Percent Land Fund properties in perpetuity.
     See another proposal involving the 2 Percent Land Fund in the Sunday, June 9, Ka`u News Briefs.

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This graph from HVO shows deformation of Mauna Loa over the past month.

A SLIGHT INCREASE in the number of detected earthquakes at Mauna Loa was noted by U.S. Geological Survey Hawaiian Volcanoes Observatory over the past month. Small earthquakes, mostly less than 2 magnitude, continued under the summit caldera at depths around 1-4 kilometers (0.6-2.5 miles) below ground level. Seismicity was low in other areas of the volcano. The largest earthquake for Mauna Loa over the past month was a M2.8 event on May 15, which occurred under the summit caldera at a depth of approximately 3.5 km (2.2 mi) below ground level.
     Global Positioning System instruments indicate slow inflation of the summit magma reservoir system. The rates of deformation are lower than during the period of more intense unrest from 2014-2017. Gas and temperature data from stations on the Southwest Rift Zone and within the summit caldera showed no significant changes over the past month.

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