(CN) — Two conservation groups sued a Hawaii luxury resort on Thursday, calling the hotel's bright outdoor lights "a major threat to the continued survival and recovery of the Hawaiian petrel," an endangered seabird.
"During the fledging season," the two nonprofits said in their federal complaint, "Hawaiian petrels heading to sea for the first time are drawn to artificial lights, circling them until they fall to the ground from exhaustion or strike nearby objects."
Since the start of 2008, the conservation groups say, 18 petrels were "grounded due to light attraction" near the Grand Wailea Resort Hotel & Spa in Maui. At least one of the birds died.
This isn't the first the conservationists have gone head-to-head with the hotel in court.
Two years ago, the same groups filed a similar against the Grand Wailea, where rooms range from $800 to $4,600 per night. The two sides reached a settlement in that case November 2022, in which the hotel agreed to reduce lighting and implement other protective measures.
Still, the Center for Biological Diversity and the Conservation Council for Hawai‘i say that migrating birds continue to be attracted to the luxury resort's outdoor lighting. Three grounded fledglings have been discovered near the resort since the settlement was reached in October 2022, the groups say.
"Two years ago we agreed to take a wait-and-see approach to assess whether lighting changes at the resort could stop the Grand Wailea from continuing to harm critically endangered petrels, but they didn’t,” Maxx Phillips of the Center for Biological Diversity said in a written statement. “We’re heading back to court to protect our native seabirds from the Grand Wailea’s destructive and illegal conduct.”
In an email, a spokesperson for Grand Wailea said: “We are disappointed by [the] decision to file a new lawsuit while we are engaging in good faith settlement discussions. Grand Wailea is wholeheartedly committed to protecting and nurturing Maui’s rich biodiversity, which is why we have worked tirelessly alongside local experts to implement best-in-class measures to ensure the safety of these seabirds. We have been and will continue to act in full accordance with the terms set forth in our earlier agreement.”
There are likely somewhere between 10,000 and 20,000 Hawaiian petrels left in the world. (The birds are also known by their Hawaiian name, 'ua'u.) The largest surviving nesting colony is located on slopes of Haleakalā, a massive active volcano that takes up about three-quarters of Maui and looms over the Grand Wailea resort.
According to the conservation groups, the hotel is required by law to obtain a permit from the U.S. Fish and Wildlife Service allowing it to use outdoor lighting that won't further endanger the Hawaiian petrel. They say the hotel has not obtained the required permit.
“It is totally unacceptable for the Grand Wailea to prioritize its corporate profits over the wellbeing of our native seabirds,” Jonee Peters, executive director of Conservation Council for Hawai‘i, said in a written statement.
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