December 2, 2024
Electric Utilities Sued Over Lighting and Wildlife Issues
Activist groups claim streetlighting violates endangered species protections
Hawaiian Electric Company (HECO) and its sister company, Maui Electric Company, are the subjects of a lawsuit alleging violations of the Endangered Species Act (ESA). Conservation groups claim the companies' streetlights are responsible for the harm and death of federally protected seabird species on Maui and Lanai. Filed in the U.S. District Court for the District of Hawaii, the lawsuit also names Maui County as a defendant.
The complaint, brought by the Conservation Council for Hawaii and the American Bird Conservancy, outlines the effects of bright streetlights on three seabird species: the endangered Hawaiian Petrel, the threatened Newell’s Shearwater, and the endangered Band-rumped Storm-petrel. These species rely on natural celestial light for navigation during nocturnal flights. Electric lighting reportedly disorients the birds, causing them to become grounded or "fall out," making them vulnerable to predation, starvation and vehicle strikes.
According to the lawsuit, fallout incidents are especially prevalent during the fledging season, from September to December, though adults are also affected year-round. Conservationists assert that the problem has been documented since at least 1998 but remains inadequately addressed.
Legal Basis and Demands
The Endangered Species Act prohibits the "take" of listed species, which includes actions leading to harm, harassment, or death. The lawsuit alleges that HECO, Maui Electric, and Maui County have failed to obtain the required incidental take permits for their activities. Such permits would mandate measures to minimize and mitigate harm to these species.
Key aspects mentioned in the lawsuit include:
- Brightness and Attraction: The streetlights' brightness is identified as a significant factor causing seabird disorientation and "fallout."
- Lack of Mitigation: The absence of measures, such as shielding or dimming, to minimize harm to wildlife is central to the claims.
The plaintiffs seek a declaratory judgment confirming that the companies and county have violated the ESA, alongside an injunction to halt further harm caused by the lights. They also request the implementation of solutions to reduce bird fatalities and compliance with federal wildlife protection laws.
Broader Context of Conservation Efforts
This legal action is part of ongoing advocacy to protect Hawaii’s native wildlife. Both conservation groups have a history of addressing similar issues, including litigation that led to mitigation efforts by other entities. Recent projects have focused on modifying lighting and enhancing habitat protections to support seabird populations.
Hawaiian Electric Industries, parent company of the utilities which serves 95% of Hawaii’s population, has yet to comment on the lawsuit. Meanwhile, conservationists emphasize that safeguarding these species is crucial for preserving Hawaii's biodiversity and natural heritage.
