Hawaiʻi Supreme Court rules against state land board in case involving seed research operations on Kauaʻi

The Hawaiʻi Supreme Court has ruled that the state Board of Land and Natural Resources must complete a full environmental assessment before allowing seed research operations to proceed on conservation land in Kekaha.

“This is more than a legal decision. It’s a call to protect our ʻāina and our keiki,” said Punohu Kekaualua, a West Kauaʻi resident, cultural practitioner and plaintiff in the case.

He added in a press release: “Our land has carried the burden of contamination for too long. Now our children bear the consequences in their health and futures. This ruling is a step toward restoring justice.”

In 2017, the Board of Land and Natural Resources issued a new revocable permit to Syngenta Hawaiʻi, LLC, stating that an environmental assessment was not required because the land’s use was not being altered and there would be minimal or no significant environmental impact. 

But the Supreme Court determined that the state board improperly exempted seed company Syngenta — now operating as Hartung Brothers — from environmental review.

Instead of evaluating the specific impacts of modern seed research practices, including the use of restricted pesticides and genetically modified organisms, the state board relied on an outdated 1982 approval originally intended for sugar cane farming, according to the plaintiffs in the case.

The court determined this approach failed to consider the very different environmental risks posed by today’s agricultural technologies.

The case was brought forward by community groups Ke Kauhulu o Mānā, Hawaiʻi Alliance for Progressive Action, Surfrider Foundation and Kohola Leo.

Together, they argued that allowing agricultural operations involving chemical inputs and genetically modified organisms on state conservation land without an environmental assessment violates both the spirit and letter of Hawaiʻi’s environmental laws.

The ruling requires the state board to complete a full environmental assessment before permitting any seed research on the site, according to proper procedures under the Hawai‘i Environmental Policy Act.

The ruling also reinforces that agencies cannot bypass environmental review by leaning on outdated land use approvals.

“New activities with new risks demand new scrutiny,” the plaintiffs press release said.

Wisconsin-based Hartung Brothers said on its website it pairs the common-sense wisdom of a down-to-earth family enterprise with the professional standards of modern agribusiness to provide partners with quality vegetables for processing and seed corn services.

The ruling also sets legal precedent that whether an agency’s exemption is proper is a legal issue and not a matter of agency discretion.

“This means agencies must justify their decisions with proper legal processes, not after-the-fact explanations,” the plaintiffs press release said.

“The decision underscores the need for transparency and responsible stewardship of Hawaiʻi’s conservation lands, ensuring that public health, cultural practices, and ecological integrity are not sidelined for industrial convenience.”