Development at Turtle Bay Must Follow Environmental Protection Laws

O‘ahu’s Environmental Court ruled today that the development of a new Ritz-Carlton resort at Kuilima on Oʻahu’s North Shore — the area commonly referred to as Turtle Bay — cannot move forward until further environmental studies are completed. Before building permits can be issued, the city and county must analyze potential impacts to conservation lands and native species, including endangered native bees inhabiting the area.

Today’s ruling directs the City and County of Honolulu to require a supplemental environmental impact statement in compliance with Hawaiʻi law.

“Our community is thrilled that the court has upheld our environmental protections today,” said Jessica dos Santos of Kūpa‘a Kuilima. “Kuilima is not only one of the last stretches of pristine coast on O‘ahu, it’s also a place of cultural significance that’s beloved by residents throughout the area.”

Environmental and community groups filed a lawsuit in February challenging the county Department of Planning and Permitting’s approval of a new Ritz-Carlton resort. The lawsuit was filed by Earthjustice on behalf of the Center for Biological Diversity, Conservation Council for Hawaiʻi, and community group Kūpa‘a Kuilima. The court ruled that the county unlawfully relied on an outdated environmental report issued 13 years ago for redevelopment of the Turtle Bay resort. The outdated study lacks information on newly listed endangered species and changed ecological conditions.

“The court’s ruling makes clear that the county cannot rely on outdated environmental review to approve development at Kuilima. Hawai‘i’s environmental laws require decisions based on today’s science, not yesterday’s assumptions,” said Maxx Phillips, Hawai‘i and Pacific Islands Director at the Center for Biological Diversity. “The county must fully evaluate how this project would affect protected species like endangered Hawaiian yellow-face bees, and their habitats, before allowing development to move forward.”

“The court’s decision affirms that Hawai‘i’s bedrock environmental review laws are more than just a rubber-stamping paper exercise,” said Earthjustice attorney Dru Hara. “The county must engage with the community, ensure an honest assessment of impacts, and take steps to minimize harm to the exceptional species that we now know are thriving on the Kuilima coastline.”

“This is an important step to protect species and ecosystems found only in Hawaiʻi. We must ensure that any development in Kuilima properly accounts for how it would affect the surrounding environment and provide measures to prevent environmental harm,” said Jonee Peters, Executive Director of Conservation Council for Hawai‘i.

Since the 2013 review document was approved, significant new information has emerged about native wildlife and ecosystems in the project area. Hundreds of acres abutting the areas slated for development have been designated as conservation lands. Endangered Hawaiian yellow-faced bees, which were placed on the federal endangered species list only in 2016, have been documented in the project area. The area has also become an important nesting area for Laysan albatross and has been designated as critical habitat for endangered Hawaiian monk seals. None of this new information was addressed in the outdated 2013 environmental report.