Environmental groups filed a lawsuit Tuesday against Honolulu County challenging the approval of a new Ritz-Carlton resort development, arguing that officials violated Hawaii environmental law by relying on an outdated environmental impact statement that fails to account for endangered species now present at the site.
Earthjustice filed the lawsuit on behalf of the Center for Biological Diversity, Conservation Council for Hawaii and community group Kūpa'a Kuilima. The groups are asking the court to invalidate the county's approval and halt construction until a new environmental impact statement addresses current ecological conditions at Kuilima on Oahu's North Shore.
The lawsuit centers on the county's Department of Planning and Permitting's decision to approve the luxury hotel project based on a 2013 environmental review that predates significant ecological changes in the area. Most notably, the original review did not account for Hawaiian yellow-faced bees, which were federally listed as endangered in 2016, three years after the county's initial environmental assessment.
"It's unacceptable for the county to greenlight this damaging development using an outdated environmental review that never considered endangered Nalo Meli Maoli, which are irreplaceable native Hawaiian yellow-faced bees," said Maxx Phillips, Hawaii and Pacific Islands director and senior attorney at the Center for Biological Diversity. "When the science advances and new species are at risk, the law requires the county to take a hard look, not look the other way."
The Hawaiian yellow-faced bees represent just one of several species that have established or expanded their presence in the area since the 2013 review. The groups point to documented ecological changes that they argue should have triggered a new environmental assessment under Hawaii law.
A breeding colony of Laysan albatross, known locally as Mōlī, established an active presence at nearby Kahuku Point starting in 2018. The seabirds had no documented presence in the area when county officials conducted their original environmental review.
Hawaiian monk seals, one of the most endangered marine mammals with only about 1,400 remaining in the wild, have also increased their use of beaches fronting the proposed development area. The seals use these beaches to birth and rear their pups, activities that were not occurring at current levels during the original review period.
The yellow-faced bees, among the few bee species native to Hawaii, have been documented at and near the project site since receiving federal endangered species protection. These bees play a crucial role in pollinating native Hawaiian plants and represent an irreplaceable component of the islands' ecosystem.
The proposed Ritz-Carlton would be constructed on a previously undeveloped parcel adjacent to the existing Turtle Bay Resort. The development plans also include a third parcel closer to Kahuku and the James Campbell National Wildlife Refuge that is slated for future development, raising additional concerns about cumulative environmental impacts.
The environmental groups argue that the county failed to properly analyze these cumulative impacts, particularly given the proximity to the federal wildlife refuge and the documented presence of endangered species. They contend that the 13-year gap between the original environmental review and current approval represents a fundamental violation of Hawaii's environmental protection statutes.
Under Hawaii environmental law, agencies must conduct thorough environmental reviews that account for current conditions and potential impacts on protected species. The plaintiffs argue that relying on outdated information when significant ecological changes have occurred violates both the letter and spirit of these protective measures.
The lawsuit highlights broader tensions between development pressures and conservation efforts in Hawaii, where limited land area and pristine ecosystems often conflict with economic development goals. Oahu's North Shore, in particular, represents some of the state's most valuable coastal habitat while also being highly sought after for tourism development.
The legal challenge also raises questions about the adequacy of environmental review processes when significant time passes between initial assessments and final approvals. Environmental conditions can change substantially over more than a decade, particularly in rapidly evolving ecosystems like those found in Hawaii.
The James Campbell National Wildlife Refuge, located near the proposed development, was specifically established to protect endangered waterbirds and other native species. The refuge's proximity to the development site adds another layer of environmental sensitivity to the proposed project.
If successful, the lawsuit could force the county to conduct a comprehensive new environmental impact statement that accounts for all currently documented species and habitat conditions. This process could significantly delay or potentially alter the scope of the proposed Ritz-Carlton development.
The case also serves as a test of Hawaii's environmental protection laws and their enforcement in the face of major development pressures. The outcome could influence how other development projects are reviewed and approved when significant time has elapsed since initial environmental assessments.
The environmental groups emphasize that Hawaii's environmental review laws are only effective when government agencies faithfully implement and enforce them. They argue that allowing development to proceed based on outdated information undermines the fundamental purpose of environmental protection statutes.