Pflueger is fined
$500,000 in court

The retired auto dealer pleads
guilty to pollution charges

Retired auto dealer James Pflueger was fined $500,000 -- apparently the largest fine in a Hawaii environmental criminal case -- after pleading guilty yesterday to water pollution charges due to a 2001 landslide on his land that damaged a Kauai reef.

Kauai Circuit Judge George Masuoka sentenced Pflueger to three years' probation and ordered a $50,000 fine for each of 10 counts to be paid to the Department of Health, Environmental Crime Unit for the investigation and prosecution of criminal violations of environmental laws.

Pflueger originally pleaded no contest to the charges, but withdrew the pleas yesterday. He admitted altering drainage by grading, moving boulders and creating a culvert without a permit, resulting in sediment polluting the ocean at Pilaa on Kauai's North Shore in November 2001.

Deputy Attorney General Christopher Young, who supervises the Criminal Justice Division, said it is possibly the largest fine imposed in an environmental case in Hawaii.

Pflueger attorney William McCorriston said, "He's paid more than any other person." He went on to say Pflueger has spent more than $5 million so far in remediation work at Pilaa. Restoration is expected to be complete by 2007.

The approximately 380 acres Pflueger was developing abuts two sides of a three-quarter-acre parcel owned and occupied by the Marvin family since 1970. According to Amy Marvin, mudslides and flooding have "devalued their property and is now unmarketable."

Teresa Tico, attorney for the Marvin family, said she was dismayed that Pflueger will serve no jail time.

Richard Marvin said, "Even one week in jail would've sent a message to other developers."

"Jimmy Pflueger fully admitted he made a mistake and has more than repaid his debt for his actions," said McCorriston.

In a written statement released by his attorney, Pflueger said, "I want to do all I can to make things right. I hope the people of Kauai accept my most heartfelt apology."

Tico, who also represents Nick Marvin and his two children as well as the Jeffrey McBride family, said she will pursue a lawsuit against Pflueger for damages and stress-related issues.

The two Marvin families each own and resided in a home at Pilaa at the time of the crimes. The McBrides were renting a house nearby at the same time.

Tico said special damages alone exceed $2.6 million for Richard and Amy Marvin.

Pflueger also faces other suits, including one by environmentalists.

In 2003, Pflueger also pleaded no contest to three Kauai County misdemeanor charges. He was fined $3,000 and ordered to perform 450 hours of community service.