Pflueger sued over runoff at Kaua'i home site
By David Waite
Advertiser Courts Writer
An environmental advocacy group is suing retired O'ahu automobile dealer Jimmy Pflueger on behalf of two Kaua'i community groups that claim runoff from land where Pflueger intends to build luxury homes is ruining the reef at Pila'a, near Kilauea on Kaua'i's northeast shore.
A lawsuit filed yesterday in federal court by Earthjustice Legal Defense Fund on behalf of the Limu Coalition and the Kilauea Neighborhood Association claims that Pflueger failed to install erosion and storm water control measures required under federal and state laws.
As a result, uncontrolled runoff has left rivers of muck and debris washing into the ocean, smothering the Pila'a reef and ruining a favorite diving, fishing, swimming and limu-gathering area, according to the lawsuit.
Pflueger could not be reached yesterday to comment on the lawsuit.
Less than two months ago, the state Department of Health and the U.S. Environmental Protection Agency ordered Pflueger to minimize further runoff damage to reefs at Pila'a.
He already was under investigation by the county for extensively grading large tracts of land he owns above the beach in the area. Since the grading, there has been a major mudslide and sediment flow onto the reef.
The Kaua'i County Council referred the case to Prosecuting Attorney Michael Soong for possible criminal action.
Pflueger attorney Max Graham has said that his client halted all grading activity and was cooperating with government agencies.
Kilauea Neighborhood Association board member Linda Pasadava said she believed construction runoff was threatening the reef and the traditional lifestyle it supports.
"As a community, we had to take action to protect this precious jewel," she said.
Earthjustice attorney David Henkin said construction activities on the Pflueger site included nearly continuous grading and clearing on the steep bluffs above Pila'a Beach, construction of 15-foot-high berms along Kuhio Highway and building roads in stream beds throughout the area. A road built last summer resulted in a barren vertical cliff more than 40 feet high just yards from the ocean, Henkin said.
Storms in November 2001 sent tons of dirt, mud, rocks, trees and other debris onto the beach and into the ocean, Henkin said.
"Mr. Pflueger ignored repeated warnings that he needed to address storm water problems at Pila'a, and the result is a dying reef and muddy water in an area once cherished for its abundant resources," Henkin said.
The lawsuits seeks a federal court order barring any more construction at the site until a storm water permit is obtained and its terms complied with. It also asks that Pflueger be made to install adequate erosion-control measures immediately and that the area be restored to its former condition.
Reach David Waite at dwaite@honoluluadvertiser.com or 525-8030.
