Governor Josh Green, M.D.

Above: Models of extinct native birds watch over proceedings as the “jurors” in this litigation about the future survival of endangered birds. Photo courtesy: Dan Dennison (DLNR)

The Department of Land and Natural Resources (DLNR), as represented by the Department of the Attorney General, prevailed in a lawsuit challenging a project utilizing the Incompatible Insect Technique—which uses a naturally-occurring bacteria to help suppress mosquito populations—for combatting avian malaria on east Maui and giving native birds a chance for survival.

The disease has already led to the extinction of many native birds and is responsible for nearly wiping out several remaining species of Hawaiian honeycreepers on the verge of extinction in the wild.

Above: Deputy Attorneys General Miranda Steed and Danica Swenson hold a demonstrative photo of an ʻapanepane with a mosquito stinging its eye, that was used at an evidentiary hearing. Photo courtesy: Department of the Attorney General

Deputy Attorneys General Miranda Steed and Danica Swenson represented DLNR at an evidentiary hearing before First Circuit Court Judge John Tonaki.

Before the first evidentiary hearing, Steed and Swenson placed wooden models of extinct native birds before the jury box. “We did this intentionally,” said Steed. “The extinct native birds were sitting as the jurors in this case.”

Following the hearing, Judge Tonaki granted summary judgment in favor of DLNR and other defendants.

“We are thrilled with the judgment and for the native birds that will have a better chance at survival,” said Swenson. “Our defense was structured to be evidence-based and grounded in the comprehensive scientific analysis of the final environmental assessment.”

“Projects addressing climate-change impacts, such as this one, are still subject to litigation. But eradicating mosquitos to prevent avian malaria is safe. It also cannot wait,” said Steed. “An adverse court decision would have been a death sentence for the remain­­­ing honeycreepers, and we are grateful for Judge Tonaki’s ruling.”