Court will Decide by February 7th if our Mosquito Case Goes to Trial
Court will Decide by February 7th if our Mosquito Case Goes to Trial
Our legal team presented a strong opposition to the state’s motion for summary judgment. We want this case to be heard, and we’re asking to move forward with discovery.
Last week, Hawai‘i’s environmental court held a hearing on the motion for summary judgment filed by the State of Hawai‘i in our case against them. Hawai‘i Unites has taken the state to court seeking a ruling to require an environmental impact statement (EIS) for their dangerous bacteria-infected mosquito release project on Maui. The state defendants are now asking the court to rule in their favor without the case going to trial.
At Wednesday’s hearing, each side was given 15 minutes to present arguments to the judge. Our legal team responded with a strong opposition to the state’s motion, and lead attorney Tim Vandeveer presented compelling information in the courtroom. He opened with remarks about the court’s objective role in this case, noting that the applicant for the mosquito project is also the accepting agency, there is a lack of public trust, and the size and scope of the plan could cause catastrophic consequences if something goes wrong.
After listening to the arguments presented by both sides, the judge concluded that the court will issue a ruling prior to the scheduled continuation of our motion for temporary restraining order and preliminary injunction hearing on February 7th, 2024.
At the heart of our case is the question of whether the state and its multi-agency partnership Birds, Not Mosquitoes have sufficiently evaluated the direct, indirect, and cumulative impacts of their plan to release over 807 billion lab-altered southern house mosquitoes on the fragile ecosystems of East Maui over the course of the next twenty years. This plan could cause irreversible harm to the health of Maui’s people, wildlife, and ‘āina. The project area covers almost 14% of the entire island. These mosquitoes, and the Wolbachia bacteria they’re infected with, are life forms, and there is no way for this project to be self-contained.
As tropical disease and vector expert Dr. Lorrin Pang has cautioned, Wolbachia bacteria can transmit horizontally in the environment to wild mosquitoes and other insect vectors of disease. Peer-reviewed studies have shown Wolbachia to cause increased pathogen infection in mosquitoes and to cause mosquitoes to become more capable of transmitting avian malaria and West Nile virus (bird and human). This project could cause the extinction of the native birds its meant to protect, and it may impact human health.
In addition to West Nile virus, southern house mosquitoes transmit other human diseases including encephalitis and elephantiasis. They’re also a potential vector of Zika virus. Alarmingly, EPA guidelines allow for the accidental weekly release on Maui of up to 3,103 lab-infected female mosquitoes that bite, breed, and spread disease. Lab-infected male mosquitoes can also transmit viruses to females (wild and lab-bred) through mating. Pathogen screenings for these imported mosquitoes are unknown, and that information is being withheld from the public.
The agencies’ own documents confirm that this plan is an experiment. Southern house mosquitoes have never been documented as used for Wolbachia stand-alone field release, and the 64,666-acre East Maui project area is the largest Wolbachia mosquito release of any kind globally to date.
The concern here is that the agencies involved in the release of these mosquitoes have not even taken the time to study the impacts these insects could have on the health of our island home. They’ve lied to the public about details of the project, including the introduction of foreign organisms into our environment. They’ve refused to address critical aspects of the plan, like the biopesticide drift of lab-altered mosquitoes on the wind to unintended areas, that could affect safety as well as efficacy. Biosecurity protocols for the project are unknown, and there are no mitigation measures in place for these bacteria-infected mosquitoes.
Hawai‘i Environmental Policy Act (HEPA) HRS Chapter 343 was enacted to ensure that the environmental consequences of actions proposed within these islands are appropriately considered.
"[t]he legislature finds that the quality of humanity's environment is critical to humanity's wellbeing, that humanity's activities have broad and profound effects upon the interrelations of all components of the environment, and that an environmental review process will integrate the review of environmental concerns with existing planning processes of the State and Counties and alert decision makers to significant environmental effects which may result from the implementation of certain actions. The legislature further finds that the process of reviewing environmental effects is desirable because environmental consciousness is enhanced, cooperation and coordination are encouraged, and public participation during the review process benefits all parties involved and society as a whole."
Please stand with us in holding these agencies accountable for their obligation to protect the ‘āina and to do the comprehensive studies needed for a project of this magnitude and potential significant impact. Your tax-deductible donations help us move our legal case forward. Mahalo to everyone for your continued encouragement and support for the work that we’re doing.
Aloha,
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.
