Court has Granted the State’s Motion for Summary Judgment in our Mosquito Case
We’re asking for support from the community to file an appeal
On January 29, 2024, First Circuit Court Judge John M. Tonaki issued an order granting the State of Hawai‘i’s motion for summary judgment in our case against the State of Hawai‘i Department of Land and Natural Resources and Board of Land and Natural Resources. This means that our case in environmental court seeking a ruling to require an environmental impact statement (EIS) for the bacteria-infected mosquito release experiment on Maui will not go to trial as scheduled. We also won’t be receiving discovery documents and admissions from the state that were due this week. We need your help to appeal this decision.
There are several issues with the Judge’s ruling that would be a focus of our appeal. First, Judge Tonaki’s order gives no detail about the expert testimony presented in our case that calls into question the sufficiency of the final environmental assessment (FEA) based on specific concerns and potential significant impacts to our environment and to the health of Maui’s people, wildlife, and ecosystems. Tropical disease and vector expert Dr. Lorrin Pang testified as a private citizen at our TRO and preliminary injunction hearing about the state’s lack of study of the risks of the project that could cause irreversible harm to our island home. Dr. Pang has authored over 75 publications in peer-reviewed medical journals covering a broad range of studies, over 40 of which are focused on mosquito-borne illnesses. He has mitigated mosquito-borne illnesses, including dengue and Zika, for over two decades as a public health leader on the islands. The court failed to acknowledge Dr. Pang’s serious concerns about horizontal transmission of introduced bacteria, biopesticide wind drift of lab-altered mosquitoes into unintended areas, superinfection of mosquitoes with multiple bacteria strains, increased pathogen infection and disease-spreading capability in mosquitoes, and the experimental nature of the project – all issues that were insufficiently addressed or missing entirely from the FEA, and facts material to the lawsuit.
Next, the order granting summary judgment does not address the state’s failure to properly follow Hawai‘i Administrative Rules (HAR) regarding identification and documentation of public comments in the FEA. As described in our memorandum in opposition and argued in the hearing, in addition to the sorely inadequate assessment of the risks involved for humans and other species (including the endangered birds), this failure to follow the law makes it impossible to know if any concerns submitted in public comments were properly addressed. The Board of Land and Natural Resources accepted an FEA for the mosquito release experiment and issued a “Finding of No Significant Impact” (FONSI) based on a flawed document, violating the letter and purpose of the Hawai‘i Environmental Policy Act (HEPA). The state acknowledged in their own motion that they failed to follow HAR, suggesting that the rules were irrelevant. This undermines public trust in the entire process.
Additionally, Judge Tonaki does not appear to have considered the substantial procedural deviations from the approved FEA that are documented in our memorandum. We believe that mosquitoes are being released solely by helicopter rather than drones up to this point, and that the release system described in the FEA is not the system being used. This means that helicopters are flying closer to the tree canopy than the level stated in the FEA, increasing the potential for adverse impacts such as noise disturbances; nesting, breeding, and roosting disturbances; helicopter rotor wash; accidents and collisions; and wildland fires.
If the Judge’s decision is not appealed, it will set a precedent for allowing inadequate environmental review of future proposed experimental projects that could have significant impacts to our fragile ecosystems.
While we are very disappointed in Judge Tonaki’s decision, Hawai‘i Unites will not stop researching and documenting the risks of this dangerous bacteria-infected mosquito release experiment. With your support, we can appeal this summary judgment order and seek a ruling that our case be remanded back to the circuit court and go to trial. If we continue to move forward, legal fees and other associated costs will be ongoing. We anticipate that at least $100,000 will be needed.
We’re so grateful for everyone’s encouragement and contributions, and for our excellent attorneys who have been working patiently with us while we raise funds for our case. We will be making an important decision in the weeks ahead.
If our organization can raise $30,000 by the end of February 2024, we will file an appeal. Please consider making a tax-deductible donation to help us continue challenging this project in court.
Legal action is our best chance of stopping these mosquito releases, and we hope to have the resources to take this David and Goliath battle to the next level.
Mahalo,
Tina Lia
Founder
Hawai‘i Unites
HawaiiUnites.org
Hawai‘i Unites is a 501(c)(3) nonprofit organization dedicated to the conservation and protection of our environment and natural resources. Your tax-deductible donations help us to fulfill our mission of honoring and protecting our sacred connection to the natural world.
Olowalu Update:
Tonight, Wednesday 1/31 at 5:30pm, there will be a County of Maui Disaster Recovery Community Update meeting at the Lahaina Civic Center. The County Department of Environmental Management will give a presentation on the selection process for the Permanent Disposal Site. Information about the public survey regarding ash and debris will also be presented. The meeting will be livestreamed and archived at the County of Maui Facebook page. More information is at MauiRecovers.org.
On Saturday, 2/3 at 12:00pm, the People’s Community Council of Maui will host a virtual Zoom webinar focused on the Olowalu toxic dump site. Lineal descendant kupuna and ‘ohana of Olowalu will share their mana‘o and answer questions. Alternative options for containment and cleanup will also be presented by invited scientists. The meeting will be livestreamed by Akakū Maui Community Media. Register to join the webinar online.