A lawsuit recently filed in federal district court aims to protect endangered seabirds on Maui by addressing the issue of bright lights at the Grand Wailea resort.
Earthjustice, representing the Conservation Council for Hawaii and the Center for Biological Diversity, filed the suit on Thursday. The primary objective is to compel the hotel to dim or modify artificial lighting to prevent endangered Hawaiian petrels from being attracted to it, which often leads to injuries or exhaustion, causing them to fall to the ground and suffer harm or death.
The Hawaiian petrel, also known as ‘ua‘u, was listed as endangered by federal regulators in 1967. These nocturnal seabirds have a wingspan of approximately 3 feet and prefer to nest in high-elevation rocky outcroppings. However, threats to their nesting habitat have significantly reduced their population and breeding locations in Hawaii, including areas such as Maui’s Haleakala crater, the West Maui mountains, and other sites on islands like the Big Island and Kauai.
Despite a previous settlement reached in October 2022 between the resort and plaintiffs regarding the issue, incidents of petrel deaths at the Grand Wailea have persisted, according to Jonee Peters, executive director of the Conservation Council for Hawaii.
The Grand Wailea, operated as a Waldorf Astoria resort, expressed disappointment with the lawsuit and reaffirmed its commitment to protecting Maui’s biodiversity. However, plaintiffs argue that three grounded fledglings have been found at the resort since the settlement, potentially indicating ongoing harm to the seabirds.
The deaths of Hawaiian petrels at the resort are alleged to violate the Endangered Species Act, which prohibits activities that harm protected species without the necessary permits. Given the significance of the Haleakala breeding colony to the petrels and the resort’s location along their flight paths, the lawsuit underscores the need for action to mitigate the risks posed by artificial lighting.
This legal action on Maui reflects broader challenges across Hawaii, where artificial light from various sources has contributed to declines in populations of endangered seabirds such as Newell’s shearwaters and band-rumped storm petrels. In response, Maui County implemented an ordinance in 2022 aimed at reducing artificial light to protect migrating seabirds and sea turtles, demonstrating ongoing efforts to address this issue at a local level.
