We are Taking our Mosquito Case to the State Supreme Court
Help us raise $30,000 by 6/30 to continue moving this case forward
In May, 2023, Hawai‘i Unites filed a case in environmental court to stop the release of millions of experimental Wolbachia-bacteria-infected mosquitoes on Maui, ground zero of this dangerous biotech testing plan for the islands. The agencies involved claim that the project will suppress wild mosquitoes that transmit avian malaria to forest birds, but their own documents confirm that the outcome is unknown. Our case seeks a ruling that the state and their multi-agency partnership, Birds, Not Mosquitoes, be required to complete an environmental impact statement (EIS) with comprehensive studies of the risks and potential significant impacts of this mass release of lab-altered invasive insects that is planned to continue every week in the 64,666-acre East Maui project area for at least 20 years.
We need your help to move this case forward to the Supreme Court of the State of Hawai‘i.
At the July, 2023 hearing for our motion for temporary restraining order and preliminary injunction, we presented powerful testimony that included peer-reviewed studies, alarming information found in the documents of the agencies involved in the project, and concerns raised by our expert witness Dr. Lorrin Pang about the lack of study and the potential for irreversible damage to Maui’s fragile ecosystems. Following the tragic fires in Lahaina that August, our hearing was postponed. Before we could resume our time in court to hear testimony from the state’s witnesses and to cross-examine those witnesses, the judge issued an order granting the State of Hawai‘i’s motion for summary judgment, stopping our case from going to trial as scheduled. That order also meant that we wouldn’t be receiving discovery documents and admissions from the state that were due that same week.
We believe that First Circuit Court Judge John M. Tonaki’s ruling is flawed. Hawai‘i Unites supporters here on the islands and from all over the world agree, and together we were able to raise the funds to file an appeal. Facing a heavily funded multi-agency mosquito-release partnership of state and federal government and non-governmental organizations with a slick marketing campaign and an agenda to push, we once again stood strong in our assertion that this project has not been sufficiently studied and that there are serious risks to the health of our islands.
In April of this year, we learned that the State of Hawai‘i Intermediate Court of Appeals (ICA) decided in favor of the State of Hawai‘i Department of Land and Natural Resources (DLNR) and their Board (BLNR) in our case against them, issuing a ruling affirming the circuit court’s granting of summary judgment to the DLNR and BLNR. This decision was disappointing not only for Hawai‘i Unites and our supporters, but for the standard of review for environmental proceedings in general.
“The Intermediate Court of Appeals’ decision to allow these mosquito releases to move forward with no studies of the potential significant impacts sets a damaging precedent. Our environmental laws are undermined when agencies can get away with a lower standard of review for massive projects like this that can have irreversible consequences that may affect the health of our islands’ people, ‘āina, and wildlife. Just because there are ‘conservation’ agencies that agree with these biotech experiments does not make these projects right for our environment.”
Tropical disease and vector expert Dr. Lorrin Pang affirmed in his testimony that this mosquito experiment has not been studied enough for the State of Hawai‘i and its agency partners to move forward. Dr. Pang has decades of experience as a leader in mitigating mosquito-borne diseases and has authored over 75 publications in peer-reviewed medical journals, over 40 of which are focused specifically on mosquito-borne illnesses.
“It is enough to say that the new Wolbachia strain can spread horizontally as a life form to other mosquitoes... How is this supposed to be self-contained? Horizontal spread has the potential to be a disaster that cannot be recalled. The bacterium is a life form, and you might not be able to turn back the clock by simply shutting off the male mosquito ‘fountains.’ ”
The mosquitoes currently being released in the millions on Maui are experimental. Southern house mosquitoes lab-infected with Wolbachia bacteria have never been documented as used for stand-alone field release anywhere in the world. The East Maui project area is the largest Wolbachia mosquito release of any kind globally to date. We have brought forth several significant concerns about this project that have yet to be sufficiently addressed, including:
The accidental release of female mosquitoes that bite, breed, and spread disease (EPA guidelines allow for the release of up to 3,103 females weekly on Maui, and just one female released can produce 160,000 more females through breeding of the generations in her lifespan)
Peer-reviewed studies showing Wolbachia bacteria can cause increased pathogen infection and disease-spreading capability in mosquitoes
Horizontal transmission of Wolbachia bacteria to wild mosquitoes and other insect vectors of disease
Population replacement of wild mosquitoes with lab-altered mosquitoes (as few as three females released can cause population replacement)
Wind drift of released mosquitoes to unintended areas
Lack of documented biosecurity protocols and pathogen screenings for the imported mosquitoes
Risks to the health of people and animals, and the potential for the plan to cause the extinction of the native birds it is meant to protect
Mass release of these mosquitoes began on Maui in November 2023. The agencies involved have produced no data on the results of these mosquito releases, and there has been no indication that the plan is even working for its intended purpose. Deviations from the approved plan have also been occurring since 2023, and those deviations increase the potential for adverse impacts.
The ICA ruling allows for these dangerous biotech mosquito experiments to continue with no study of the risks. We are the experiment. All islands are being targeted (mass mosquito releases began on Kaua‘i this year), and we are in a David and Goliath battle to protect the ‘āina and stop these agencies from using sacred lands as testing grounds.
After careful consideration and discussions with our attorneys, Hawai‘i Unites has made the decision that we will be taking our case to the Supreme Court of the State of Hawai‘i. We are seeking a ruling that our environmental court case be remanded back to the circuit court and go to trial. We believe that the ICA ruling is flawed and that the circuit court erred in granting summary judgment.
Mahalo to everyone for standing with us to stop this reckless mosquito release experiment on our island home. Our goal is to raise $30,000 by June 30th, 2025, to continue moving our court case forward. Your tax-deductible donations support the work that we’re doing and help us fulfill our mission of protecting Hawai‘i’s environment.
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.
Report a Mosquito Bite
The State of Hawai‘i and its multi-agency partnership Birds, Not Mosquitoes have been releasing bacteria-infected mosquitoes in East Maui and conducting pilot study releases on Kaua‘i since 2023. As part of our ongoing research and documentation, Hawai‘i Unites has been compiling reports from throughout the islands about unusual mosquito bite reactions. If you’ve been bitten by a mosquito and would like to report the incident, please complete our Mosquito Bite Incident Report.
Many of these NGO's have lost their way. Instead of protecting the environment they have been weaponized as an agenda tool. Since when should Nature Conservancy or World Wildlife fund No Kings protests right alongside the CCP? Hawai'i Unites is one of the few true grass roots organizations left. Mahalo for all the hard work Tina!