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The Hawaii Intermediate Court of Appeals ruled Thursday that the Maui Planning Commission must reconsider whether major changes to the Honua'ula development formerly known as Wailea 670 require a supplemental environmental impact statement.
Per its ruling, the court found the planning commission failed to properly consider whether the project had changed substantially in size, scope, intensity, use, location or timing since the 2012 final environmental impact statement was approved.
Because the commission did not make that determination, the appeals court vacated that portion of the planning commission’s decision and sent the case back to the commission for further review.
If the ruling stands, the commission will have to consider changes to the project -- including affordable housing and drainage -- and whether another environmental impact statement is required. In a news release, the plaintiffs in the case -- Hoʻoponopono O Mākena and Maui Tomorrow Foundation -- described the ruling as an important victory.
"We applaud the court's decision affirming that significant changes to a development cannot bypass meaningful environmental review. Honuaʻula's cultural, natural and community resources deserve a transparent and lawful determination that a supplemental EIS is required," said Maile Luʻuwai, president of Hoʻoponopono O Mākena.
While the plaintiffs are celebrating Thursday's ruling, the court upheld other portions of the commission’s decision, ruling that arguments over affordable housing and golf course requirements were moot because Maui County changed those requirements in 2025.
One major change for the project has been with the number of affordable housing units. When Phase 1 of the project was approved in 2008 by Maui County Council, plans originally called for 700 affordable housing units and 700 market-rate units.
In 2022, the planning commission approved the project with 288 affordable units and 862 market-rate units. Those numbers were later adjusted again to include 450 affordable units and 700 market rate units.
"While the court said later laws resolved some housing and golf course issues, it also ruled the planning commission must decide whether the changed project requires updated environmental review,” explained Bianca Isaki, an attorney for the plaintiffs. "Such review is required before the commission's approval can stand."
The community groups were also represented by Ryan Hurley and Lance D. Collins.
Collins also serves as a director of Maui Nui Media and Creativity Collaborative. The nonprofit recently took ownership of Maui Publishing Co., which owns and publishes The Maui News. Collins had no role in the reporting, editing or publication of this article.