Q and A - After the Environmental Court Ruling, Next Steps, Mahalos, and In the News!
Q and A - After the 2026 Environmental Court Ruling
Q: Does this ruling mean that work must stop at the Arete (other land owner/developer) condo development?
A: No, this ruling does not apply retroactively to past permits that have already been approved and therefore Arete is not required under this ruling to stop construction related to previously approved permits including things like the phase 1 buildings, the road and grading and grubbing work already approved.
The court's July 2026 ruling applies to any future development based on the outdated 2013 environmental impact statement (EIS) but does not apply retroactively to DPP's July 2022 determination for the Arete condominium project. Under Hawaiʻi law, challenges to environmental determinations that are published in The Environmental Notice are subject to a 30-day statute of limitations. Because the community did not become aware of the 2022 determination until after that 30-day period had passed, the opportunity to challenge that determination had expired. See slides 9 and 10 in the 1/22/2025 North Shore Grassroots Meeting: Turtle Bay Development Community Presentation by Kūpaʻa Kuilima linked in the Turtle Bay Information Resource Page at https://linktr.ee/kupaakuilima for details.
Q: Does this ruling apply to any future permits contained in the larger project area that the 2013 EIS covers/applies to?
A: Yes, DPP has a legal obligation to require a supplement to the 2013 EIS before ANY new permits can be approved for the project area that the 2013 EIS applies to. Hawaii’s EIS law says that a valid EIS must be completed before any further development actions can commence within the overall Turtle Bay expansion project (H1 - Host/Ritz, H2 - Arete, remainder of the RR3 building permits/phases not already approved - Arete).
It is important to note that the supplemental EIS is NOT limited to only the three issues identified in the lawsuit (nalo meli maoli, mōlī and monk seal critical habitat). Instead, "...the supplemental statement... shall fully document the proposed changes from the original EIS, including changes in ambient conditions or available information that have a bearing on a proposed action or its impacts..." For example, the court’s ruling also specifically requires the supplemental EIS to assess environmental impacts to the many acres within the project area that have been designated as conservation lands since 2013.
Q: Will the community have a chance to be a part of the supplemental EIS process and voice their concerns and manaʻo and raise issues?
A: Yes, the supplemental EIS process will need to include a public scoping meeting and comment period, as well as a public comment period on the draft supplemental EIS.
What Happens Next?
The Court has ordered the Department of Planning and Permitting (DPP) to require developers to prepare a new supplemental EIS. This is a public process that looks at how the proposed project could affect the environment, cultural resources, and the community, using today's information, not just what was known more than a decade ago.
Step 1: Deciding What Needs to Be Studied (Scoping)
The first step is deciding what questions the supplemental EIS needs to answer and what topics need to be studied.
This is called “scoping”, and it is one of the most important opportunities for the community to get involved.
This is the time for residents, cultural practitioners, scientists, organizations, and anyone who cares about Kuilima to speak up about concerns they want the supplemental EIS to examine. This could include concerns over:
Wildlife and endangered species
Native plants
Cultural and historic sites
Burials (iwi kūpuna)
Traffic
Increased human intrusions
Water resources
Sewage
Flooding
Sea level rise
Noise and lighting
Community impacts
Issues with the Unilateral Agreement and community benefits required such as the City Parks requirements
Issues with the original 1986 Special Management Area permit
Or anything else people believe should be carefully studied.
It is important to raise concerns early. If an issue is not identified at the beginning of the process, it may be harder to argue later that it should have been included in the environmental review.
Step 2: Read the draft EIS
After the studies are completed, DPP will release a draft EIS for everyone to read.
This is another major opportunity for public participation: after the draft EIS is published in The Environmental Notice, the public will have 45 days to submit comments.
Anyone can:
Read the report.
Submit comments.
Point out missing information.
Share local knowledge or personal experiences.
Suggest changes or additional studies.
Every substantive comment must be reviewed,answered, and included in the final EIS before the process can move forward.
Step 3: A final EIS Is Prepared
The draft EIS is updated using the public's comments and any additional information that is gathered.
The final EIS includes responses to public comments and explains how concerns were addressed.
Step 4: DPP Makes a Decision
DPP reviews the final EIS and decides whether it meets Hawaiʻi's environmental review requirements.
If the DPP accepts it, that decision is published in The Environmental Notice. Hawaiʻi law provides a limited time after publication for anyone who believes the decision does not comply with the law to seek judicial review.
How Long Will This Take?
There is no set timeline.
Because this is a supplemental EIS, some previous work can be used, but the court has made clear that important new information and all impacts must be studied.
The process will likely take many months and could take a year or longer, depending on the studies that are needed, the amount of public participation, and how much additional analysis is required.
Why Your Voice Matters
The EIS process works best when the community participates.
People who live here know this place better than anyone else. Local knowledge, cultural knowledge, scientific information, and personal experiences all help create a more complete environmental review.
The earlier people participate, the more likely it is that their concerns will be studied and considered before decisions are made.
We're in the news!
This week has been an incredible milestone for our community. Following our Environmental Court victory requiring a new environmental review for the proposed Turtle Bay expansion, our case has been featured by news outlets across Hawaiʻi.
Recent coverage includes:
July 14, 2026 – Hawaii News Now: Judge orders new environmental review for Turtle Bay project
July 14, 2026 – KHON2 News: Ritz-Carlton Turtle Bay development on pause after court ruling in city lawsuit
July 15, 2026 – Honolulu Star-Advertiser: Court says further environmental review needed for Turtle Bay expansion
July 15, 2026 – Civil Beat: Turtle Bay Resort Plans Paused After Judge Ruling
Mahalo to the journalists who took the time to tell this important story and help shine a light on why protecting Kuilima matters. This victory belongs to our entire community... to everyone who has testified, submitted comments, attended meetings, donated, volunteered, shared our posts, signed petitions, and stood with us over the years. Together, we've shown that our environmental protection laws matter, and they must be followed. We're deeply grateful for your continued support. This is an important step forward, and we'll continue working to protect the cultural, environmental, and community resources that make Kuilima so special. Mahalo for standing with us. This victory belongs to our community.
Mahalo nui loa to our incredible partners who have stood with Kūpaʻa Kuilima in the fight to protect Kuilima.
We are deeply grateful to Earthjustice, Center for Biological Diversity, and Conservation Council for Hawaiʻi for their partnership, commitment, expertise, and unwavering support as we work together to hold the City & County of Honolulu’s Department of Planning and Permitting (DPP) and developers accountable for protecting the environmental, cultural, and community values of Turtle Bay.
This legal journey has been a true example of what can happen when communities, advocates, scientists, and legal experts join hands in defense of the ʻāina. Together, we are standing up for the laws designed to protect Hawaiʻi’s precious ecosystems, endangered species, cultural resources, and future generations.
⚖️ Earthjustice reminds us that “the earth needs a good lawyer” and their team has brought powerful legal advocacy to the frontlines of this fight.
🌺 Conservation Council for Hawaiʻi has spent more than 75 years protecting Hawaiʻi’s native wildlife, ecosystems, and the places that sustain our lāhui.
🐾 Center for Biological Diversity works at the intersection of science, law, and advocacy to protect endangered species and the lands, waters, and climate they need to survive.
We encourage our community to learn more about these incredible organizations, support their important work, and stand alongside those protecting Hawaiʻi’s natural and cultural treasures.
Mahalo for standing with us. Mahalo for standing with Kuilima.
Image: 7/2/2026 Court Hearing