Appeals court upholds approval of Maui mosquito project
An appeals court has upheld a decision made by the Environmental Court, paving the way for a mosquito population control project on Maui to move forward.
The Intermediate Court of Appeals on Monday affirmed that the proper standards were applied, and that a Final Environmental Assessment and finding of no significant impact from the mosquito project was sufficient.
The ruling is the latest back-and-forth over a proposed project using the Incompatible Insect Technique — or the release of incompatible male mosquitoes — to reduce the wild mosquito population.
These male mosquitoes raised in a laboratory would repeatedly be released, according to the project description, and eventually suppress the wild mosquito population by as much as 90%.
The ultimate goal is to help control mosquito-borne avian malaria in east Maui, which threatens endangered, Hawaiian honeycreepers.
Hawaii Board of Land and Natural Resources Chair Dawn Chang acknowledged in a statement that this was “an emotional issue.”
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The project is a joint effort of state and federal and private conservation officials.
“These birds are part of our cultural and ecological heritage, and I think everyone wants to see them protected in the right way,” she said. “Whether in support or opposition, we appreciate everyone who provided their manao on this topic so informed decisions could be made on the adequacy of the FEA. What we do know is that taking no action, will put these valuable manu or birds at further risk of extinction.”
BLNR in 2023 approved the FEA for implementation of the project in east Maui, finding it had no significant impact.
Hawaii Unites, a nonprofit community group, opposed this and filed a claim in Environmental Court challenging the board’s acceptance of the FEA and finding of no significant impact. The group argued the FEA did not have enough science and documentation to back its claims of being safe for the environment.
In February 2024, the Environmental Court of the First Circuit ruled that the FEA and FONSI satisfied statutory requirements. Hawaii Unites appealed the ruling, saying the court applied the wrong standard to its claim.
The intermediate court on Monday ruled that the proper standard was applied, and was supported by substantial evidence in the record.
“This decision reinforces what we’ve known all along — that Hawaii is on solid legal and scientific ground in its effort to save native forest birds from extinction,” said Maxx Phillips, Center for Biological Diversity Hawaii director in a statement. “The courts have once again made clear that we won’t stand by while avian malaria pushes these irreplaceable species to the brink. Our manu deserve a fighting chance.”
