Maui committee backs settlement authority in lawsuit alleging streetlights harm endangered seabirds

The Government Relations, Ethics and Transparency Committee of the Maui County Council on June 17, 2025, voted unanimously to recommend adoption of Resolution 25-128, which would approve settlement authority in a federal lawsuit alleging that street lights owned and maintained by Hawaiian Electric Company, Inc., and Maui Electric Company, Ltd., threaten the survival and recovery of three critically imperiled seabird species protected under the Endangered Species Act. The committee’s recommendation was 9-0.

Deputy Corporation Counsel Brian Billberry told the committee the complaint, filed on Nov. 19, 2024, was brought by the Conservation Council for Hawaii and the American Bird Conservancy and alleges that artificial lighting — including street lights — causes seabird “fallout” and unlawful take under the Endangered Species Act (16 U.S.C. §1531 et seq.). Billberry said, "we do not concede that streetlights cause seabird fallout or illegal take" and added that county discovery has not shown street lights identified as the proximate cause in the incident reports plaintiffs produced. He said plaintiffs have produced "well over a thousand incident reports" of seabird fallout events but that the county has not seen indication any individual report identifies street lights as the cause.

Billberry said the county is "willing to take mitigative measures" to address fallout but is not prepared to apply for a federal take permit without an adequate showing of proximate cause by the plaintiffs or a court order. He described the proposed interim agreement as a partial settlement option while the litigation proceeds.

Legislative Attorney Peter Hanano summarized the committee’s executive-session discussion under Hawaii Revised Statutes §92-4, saying the committee met in executive session "to discuss settlement efforts and discussions of the case, litigation strategies, and defenses to the claims alleged, as well as the rights and liabilities of the county." The committee had earlier voted to enter executive session under HRS §92-5(a)(4) and §92-5(a)(8).

There were no oral testifiers for Resolution 25-128 during the item. Chair Nohelani'u'u Hudgins closed oral testimony for the item without objection; the committee noted that written testimony would continue to be accepted. Public comments earlier in the meeting included a presenter who identified as the Royal House of Hawaii and spoke on land-title issues; those remarks were not tied to the seabird litigation or the resolution under consideration.

Member Tom Cook moved the committee to recommend adoption of Resolution 25-128 (including any nonsubstantive revisions); the motion was seconded by Council Chair Alice Lee. The committee voted 9 ayes, 0 nos to recommend the resolution to full council.

The complaint filed Nov. 19, 2024, seeks an order directing Maui County to apply for a federal take permit and asked for a preliminary injunction requiring temporary measures against seabird fallout while the suit proceeds. The county’s stated position, as presented to the committee, is that county street lights are not shown to be a proximate cause of fallout and that the county will not apply for a federal take permit absent an adequate factual showing or court order, although the county indicated willingness to adopt mitigation measures in the interim.

The committee’s recommendation moves the resolution to the full Maui County Council for consideration. Written testimony will remain open as the case proceeds.