Earthjustice is filing suit a second time against the Grand Wailea, A Waldorf Astoria Resort, on Maui over the harms its bright lights cause to endangered seabirds.

The suit, filed recently in U.S. District Court in Hawaii, alleges that the luxury resort’s bright lights continue to disorient Hawaiian petrels navigating their way to the ocean. It follows an earlier suit and settlement agreement in 2022, in which the resort agreed to implement lighting modification measures.

Earthjustice, however, said the resort’s own monitors show those measures are not working and that its lights continue to attract and ground the petrels.

During the 2022-23 fledgling season, Earthjustice says, at least three grounded fledglings were found at the resort, including one that broke a wing after colliding with a wall.

Another one was found near the fourth-floor elevator of one of the resort’s guestroom towers, and another near one of the swimming pools. There were likely twice the number harmed but never found, Earthjustice said.

The second suit was filed once again on behalf of the Conservation Council for Hawaii and the Center for Biological Diversity.

“Two years ago we agreed to take a wait-and-see approach to assess whether lighting changes at the resort could stop the Grand Wailea from continuing to harm critically endangered petrels, but they didn’t,” said Maxx Phillips, the Center for Biological Diversity’s Hawaii director. “We’re heading back to court to protect our native seabirds from the Grand Wailea’s destructive and illegal conduct.”

The Grand Wailea said it was disappointed by the lawsuit.

“We are disappointed by Earthjustice’s decision to file a new lawsuit while we are engaging in good faith settlement discussions,” said a spokesperson for the resort. “Grand Wailea is wholeheartedly committed to protecting and nurturing Maui’s rich biodiversity, which is why we have worked tirelessly alongside local experts to implement best-in-class measures to ensure the safety of these seabirds. We have been and will continue to act in full accordance with the terms set forth in our earlier agreement.”

The resort said it has implemented all of the recommended protective measures across its property required in the agreement. It had removed, replaced, shielded and dimmed lights, it said.

Grand Wailea said when the downed petrels were found, the Hawaii Wildlife Center was immediately contacted to care for them. Two recovered and were returned to the wild, while a third, which did not survive, was ill when found.

Hawaiian petrels, or uau, are native seabirds that travel thousands of miles across the Pacific to forage. Adults, when ready, will return to nest at the same site where they fledged.

Earthjustice said the Grand Wailea is required to obtain an incidental take permit from the U.S. Fish and Wildlife Service because Hawaiian petrels are protected under the Endangered Species Act.

With that permit, the resort would have to comply with a strict set of requirements that include having a habitat conservation plan in place.

“The Endangered Species Act flatly prohibits the Grand Wailea from harming a single Hawaiian petrel unless it first secures and then complies with a permit to ensure its activities will not push the species closer to extinction,” said Earthjustice attorney Leina‘ala Ley in a statement. “The Grand Wailea has been violating that prohibition year after year, for over a decade. We’re asking the federal court to put an end to these flagrant violations.”

The artificial lights are a problem because the birds confuse them for celestial light, which guides them from their nests to the ocean.

Both adults and fledglings are vulnerable, but the latter even more so. During fledgling season from September to December, Hawaiian petrels heading out to sea for the first time are waylaid by the artificial lights and often end up circling them until they fall to the ground from exhaustion.

Once grounded, they have a hard time taking flight again and succumb to predators, starvation or being run over by cars.

While there are multiple sources of bright light on Maui, the Grand Wailea’s 40-acre property stands out as being particularly harmful to Hawaiian petrels. Its location is “in a major flyway” for fledglings departing from nesting colonies at Haleakala.

Earthjustice said that from 2008 to 2023 an average of one bird per year was downed by the Grand Wailea’s lights.

The environmental groups in past years have also gone after other entities, including the Kauai Island Utility Cooperative and St. Regis Princeville Resort, now 1 Hotel Hanalei Bay.

It has also gone after Maui County for its LED streetlight replacement project, and the state Department of Transportation over bright lights at its airports and harbors.

The KIUC, 1 Hotel and DOT have since obtained incidental take permits for imperiled seabirds and modified their lighting, Earthjustice said.