{"id":15728,"date":"2024-02-11T10:49:48","date_gmt":"2024-02-11T20:49:48","guid":{"rendered":"https:\/\/www.environment-hawaii.org\/?p=15728"},"modified":"2024-02-11T12:17:10","modified_gmt":"2024-02-11T22:17:10","slug":"use-of-mosquito-control-technique-supported-as-court-rejects-challenge","status":"publish","type":"post","link":"https:\/\/environment-hawaii.org\/?p=15728","title":{"rendered":"Use of Mosquito Control Technique Supported as Court Rejects Challenge"},"content":{"rendered":"\n

The state Department of Land and Natural Resources and the American Bird Conservancy were awarded their motion for summary judgment in a case brought by Maui resident Tina Lia and a group she founded last year, Hawai\u02bbi Unites.<\/p>\n\n\n\n

Lia had challenged the Board of Land and Natural Resources\u2019 decision to approve the release of male mosquitoes treated with a strain of the Wolbachia bacteria different from that carried by the wild mosquitoes. Wild female mosquitoes that mate with the lab-treated males would not produce viable offspring. By interfering with the reproduction of mosquitoes through this so-called Incompatible Insect Technique, the hope is to stop the spread of the mosquito-borne avian malaria parasite that threatens species of native birds, already perilously close to extinction. <\/p>\n\n\n\n

Lia had claimed that the state would in fact be releasing foreign bacteria into Hawai\u02bbi, with unknown impacts. She argued that the state should have been required to prepare a full-blown environmental impact statement before moving forward with the lab-treated male mosquitoes. The BLNR accepted a final environmental assessment for the project last year.<\/p>\n\n\n\n

Already the ITT program has begun to be implemented in East Maui. Last fall, the BLNR approved its use on Kaua\u02bbi as well.<\/p>\n\n\n\n

Following a January 17 hearing on the state\u2019s motion for summary judgment and Hawai\u02bbi Unites\u2019 opposition memorandum, 1st<\/sup> Circuit Judge John Tonaki issued his ruling in a minute order of January 29, writing: \u201cIn an effort to save native Hawaiian birds which are in danger of extinction, the state \u2026 seeks to undertake a project that aims to suppress mosquito populations carrying avian malaria,\u201d a project whose environmental assessment was accepted by the Land Board.<\/p>\n\n\n\n

\u201cWhether an Environmental Assessment is sufficient under HRS Chapter 343 is a question of law, which is property addressed through summary judgment,\u201d he wrote. \u201cAn EA need not be exhaustive to the point of discussing all possible details bearing on the proposed action but will be upheld as adequate if it has been compiled in good faith and  sets forth sufficient information to enable the decision-maker to consider fully the environmental factors involved and to make a reasoned decision\u201d \u2013 requirements that Judge Tonaki found were met by the BLNR in the challenged document.<\/p>\n\n\n\n

As for the arguments of Hawai\u02bbi Unites that the final EA was deficient, the judge wrote: \u201cA reading of the FEA reveals that many of the issues raised by plaintiff were in fact addressed in the FEA and \u2026 some of the potential impacts of the project were raised as mere possibilities by plaintiff. Such arguments do not establish that the BLNR\u2019s acceptance of the FEA and issuance of a [finding of no significant impact] were clearly erroneous.\u201d<\/p>\n\n\n\n

Tonaki\u2019s final judgment was published on February 6. Since then, Hawai\u02bbi Unites announced it is seeking funds to allow it to appeal the judge\u2019s ruling. \u201cIf we\u2019re able to raise $30,000 by the end of February 2024, we will file an appeal,\u201d it says on its website. \u201cPlease donate so we can continue to move our legal case forward.\u201d<\/p>\n\n\n\n

The state has been working to get the IIT project underway for since at least 2016. Nearly three years ago, the Board of Agriculture approved a permit to allow the importation of the lab-treated male mosquitoes. Actual release of the insects did not start until last year.<\/p>\n\n\n\n

\u2014 Patricia Tummons<\/strong><\/p>\n\n\n\n

For Further Reading<\/em><\/strong><\/p>\n\n\n\n

Environment Hawai\u02bbi <\/em>has reported on this topic in the following articles, all available online at environment-hawaii.org:<\/p>\n\n\n\n