The court battle over whether commercial ocean operators based off Kaanapali Beach should undergo an environmental assessment review has returned to Maui.

Second Circuit Judge Peter Cahill is preparing a written order involving the state Department of Land and Natural Resources, after a case involving the department was sent back by the Intermediate Court of Appeals in Honolulu.

Cahill heard the case in late November and is in the process of preparing the order.

The ruling does not halt operations that have permits now, said attorney Lance Collins, who represents those seeking an environmental assessment. But commercial operators fear it might deny them the renewal of a permit until an environmental review takes place or they receive an exemption.

“Our next step is to see what the DLNR plans to do,” said Denver Coon, the attorney representing some commercial operators including Trilogy III.

The DLNR declined to comment, saying it doesn’t comment on pending litigation.

The lawsuit brought by Na Papa’i Wawae ‘Ula’ula, Randal Draper and the West Maui Preservation Association was filed in 2017, saying a “hard look” was needed at Kaanapali commercial ocean users’ impacts on wastewater discharge and a misuse of beach access, including parking previously designated for residents.

The lawsuit alleges that Draper, a member of Na Papa’i who frequents public parking areas near Kaanapali beach, has been thwarted from using public parking stalls due to the occupancy of those stalls by commercial use permit holders’ employees, agents, contractors or customers.

Draper has reportedly also observed commercial ocean vessels from Kaanapali operating bilge pumps within three miles of the coast, and discharging sewage and refuse into nearshore waters, according to the lawsuit.

The lawsuit said the Lahaina pumpout station for receiving wastewater from vessels does not have the capacity to accommodate all passengers carrying ocean vessels in West Maui.

Attorney Lance Collins, representing the group bringing the lawsuits, said there were other issues as well including the impact on traditional fishing and the safety of canoe paddlers, surfers and snorkelers. Draper has died since the lawsuit was filed.

In April, the Intermediate Court of Appeals ruled that the group represented by Collins had a legal basis to ask for an environmental review for commercial operators in Kaanapali waters.

Coon said his family has been operating Trilogy trips to Kaanapali since 1973 and makes eight stops at Kaanapali beach a day to pick up and drop off passengers for a trip to Lanai or for a dinner cruise.

He said the business is hurting after the August, 2023 wildfire in Lahaina, leaving them with fewer places for cruises.