Newell's shearwater. Photo by Robin Baird via www.cascadiaresearch.org

Lihu’e, Hawaii— Four conservation groups are suing Kaua’i Island Utility Cooperative for killing rare seabirds without a permit, in violation of the Endangered Species Act. The complaint, filed in Hawaii’s federal district court on March 24, says the utility’s illegal actions “bear substantial responsibility” for the crash of the Newell’s shearwater population on Kaua’i, which declined 75 percent between 1993 and 2008. The suit, filed by Earthjustice on behalf of Hui Ho’omalu I Ka ‘Aina, Conservation Council for Hawaii, the Center for Biological Diversity, and American Bird Conservancy, seeks to protect threatened Newell’s shearwaters and endangered Hawaiian petrels from death and injury from KIUC’s 1,145 miles of power lines and 3,100 streetlights. The seabirds, which nest only in Hawaii, are killed or injured during collisions with power lines strung across their river valley flyways. They are also attracted to and disoriented by lights, often with fatal consequences. “Thousands of Kaua’i’s native seabirds have perished needlessly because KIUC has refused to take common sense steps to protect them,” said Maka’ala Ka’aumoana of Hui Ho’omalu I Ka ‘Aina, a Kaua’i-based advocacy group. In 1995, experts retained by KIUC’s predecessor, Kaua’i Electric, published a report identifying measures — such as lowering or undergrounding power lines in key flyways — that are vital to save the Newell’s shearwater and Hawaiian petrel. In the intervening 15 years, the utility has failed to implement any of the report’s key recommendations. “When KIUC purchased the utility in 2002, it knew exactly what needed to be done to comply with the law and save Kaua’i’s imperiled seabirds,” said George Wallace of American Bird Conservancy. “KIUC can’t claim ignorance to justify its continued, blatant violations of the Endangered Species Act.” …

Hawaiian Utility Sued Over Seabird Deaths: Power Lines Contribute to 75-percent Decline in Shearwaters