Maui Group Report
by Lucienne de Naie
County Budget
Maui Group members had a strong presence during the recent Maui County budget review process, advocating successfully for open space purchases, wetlands protection programs, water quality testing and funding to combat invasive species.
Earth Day
Lā Ho‘olu Paemoku/ReTree Hawaiʻi, a coalition of environmental and other organizations to plant trees across Hawaiʻi on October 30 this year, participated in national Earth Day Live activities on April 22-24 with a video about the campaign, live music by Kīhei singer/songwriter Anthony Pfluke and a panel discussion. Maui Group Chair Rob Weltman and Conservation Committee members Clare Apana and Lucienne de Naie each made presentations as part of Maui’s “Virtual Earth Day” broadcast on Zoom and Facebook on April 26, along with scores of other Maui musicians and speakers.
Lāhaina Injection Wells
Photo: Earthjustice
The Maui Group received some good news right in time for Earth Day 2020. On April 23, the U.S. Supreme Court ruled 6 to 3 in favor of the Sierra Club and allies, ruling that polluted underground water discharges that reach oceans, rivers or lakes require a Clean Water Act permit. The Lower Federal courts will now make a specific ruling on what permits the County’s Lahaina Wastewater plant will need to seek to be in Clean Water Act compliance. Read more here.
Attorney Lance Collins helped to organize and participated in an event hosted by Kanaeokana, a coordinating group of Hawaiian language, knowledge and educational institutions, on May 16. The livestream broadcast of musical performances celebrating how far we have come featured eight Hawaiian language songs including Honokōwai, to honor the win at the U.S. Supreme Court, as well as Nā Kama Puko‘a Kani ‘Āina, which was written for the group that struggled with the South Maui injection wells and agreed to settle their case to remove any impediments to the council settling the Lāhaina case.
On May 19, the Maui Group and allies co-sponsored an educational forum: “US Supreme Court Confirms the Clean Water Act: What’s Next, Maui?” that was viewed by hundreds statewide on Facebook and will be rebroadcast on Maui’s AKAKU community television station. The online event updated viewers on the ramifications of the landmark U.S. Supreme Court decision on the Lahaina injection well case and was preceded by the video Honokōwai by Keauhou about the beautiful coastal area threatened by ocean pollution. Mahalo to panelists Lance Collins, Hannah Bernard, Dr. Wendy Wiltse and David Henkin for an outstanding job presenting the past, present and future of this important reconfirmation of the 48 year old Clean Water Act, and to Rob Weltman and Kirsten Kagimoto for invaluable tech support for this informative event.
Virtual Star Watch
Mahalo to astronomer Harriet Witt who guided a Maui Group “Hike in the Sky: Virtual Stargazing” Zoom event on May 15 that was very well received.
Hiking During the Pandemic
No organized outings have been possible since March because of health restrictions to combat the COVID-19 pandemic but the Maui Group has been publishing guides for safe individual and family hiking on trails around the island. The posts are available on the Group’s website and Facebook group page. This issue of the Mālama does not include an outings schedule because it is still unclear when group outings will be safe but we will add a schedule as soon as possible.
Single Use Plastic Ban Passed
On April 18, the Maui County Council approved a bill banning nearly all sales and use of plastic disposable food ware in Maui County. The measure passed unanimously and will take effect January 1, 2022.
Waikō Road Business Park Disturbs Iwi Kupuna
Sierra Club Maui Group representatives have joined concerned cultural groups calling for respect of the natural dune systems along Waikō Road in Waikapū. Citizen pleas were ignored and at least ten traditional Hawaiian burials have now been disturbed and, in some cases, crushed into fragments on the 31-acre proposed industrial park. The Maui Group continues to support Mālama Kakanilua and other cultural groups who are asking State Historic Division to take action after the Maui-Lanai Island Burial Commission voted on May 20 to halt further construction work. At least 1/3 of the site never had any archaeological review before mass grading and excavation began.
South Maui Wetlands Preservation
Funds were included in the 2021 County budget to help in the management and protection of South Maui wetlands that are facing neglect and development pressures. Maui Group Conservation Committee member Char Schulenberg is heading a hui to develop a plan to utilize the funds.
A one-acre parcel, near Lipoa Street in Kīhei, is listed as a wetland in the National Wetland Inventory Survey but has been proposed for several developments over the past 10 years—all actively opposed by cultural and community groups. In May, Maui County Council’s Planning and Sustainable Land Use Committee voted to not accept the owner’s request for a Community Plan Amendment, which would have allowed a 4-lot subdivision. The Maui Group submitted testimony to follow the community plan and protect wetlands. There is a chance the property will be purchased for open space.
East Maui Streams in Litigation
The Hawaiʻi Chapter filed a landmark lawsuit for East Maui streams in 2019, asking the State Board of Land and Natural Resources to uphold its Public Trust duties. Learn more about this case and see images demonstrating the damage of diversions here. Please support this game-changing case by donating online here or by contacting the Hawaiʻi Chapter. Your donations are tax-deductible.
Māʻalaea Mauka Lands One Step Closer to Preservation
257 acres of historically and ecologically important lands along Honopi‘ilani Highway in Mā‘alaea have been included in Maui County’s 2020-21 Open Space Budget. The Maui Group has supported longtime ally, Mā‘alaea Village Association, seeking the conservation and preservation of a 250-acre area, which includes the historic Old Lāhaina Pali Trailhead. The parcel is adjacent to thousands of acres of State conservation land. Funds are also being sought from the State’s Legacy Lands Fund. The 250-acre site has been proposed for development since 1998.
Wailea 670 Habitat Conservation Plan
Cultural consultation required under Federal Fish & Wildlife Section 106 has been impacted by COVID-19, but the U.S. Fish and Wildlife Service is committed to hearing from Native Hawaiians who use the land for gathering, teaching and other cultural and spiritual practices.
Grand Wailea SMA Permit Challenge
Three Native Hawaiian groups have intervened on a Special Management Area permit needed by the Grand Wailea Resort to expand the hotel’s room count and facilities. The groups are concerned that over 350 Native Hawaiian burials, important archaeological sites and rich fishing grounds just offshore, have been disturbed by the past 30 years of hotel development projects, including the past and proposed installation of injection wells for storm runoff near the ocean. Hawaiian cultural use of this shoreline has spanned centuries, as archaeological finds prove, but the Grand Wailea development has impacted traditional cultural use for the past several decades.
Currently, the resort is supporting the appointed Hearings Officer’s claim that she has the right to close the contested case hearing to the public. Members of the press have filed a complaint that the hearing process is required to be open and transparent. The Native Hawaiian groups have requested a continuance of the hearing date, on the grounds that they are being forced to have to continue with preparation of the case when government agencies are shut down to information gathering.
On June 9, 2020 the Maui Planning Commission met and did not dismiss the hearing officer.