A pair of environmental groups is asking a federal judge to force the Grand Wailea Resort on Maui to stop using bright outdoor lights during the two-month window when endangered Hawaiian petrels are fledging.

Conservation Council for Hawaii and the Center for Biological Diversity, represented by Earthjustice, are seeking a preliminary injunction to prohibit the Grand Wailea from using “externally visible lights” between Oct. 1 and Nov. 30.

That’s when juvenile Hawaiian petrels make their inaugural flights from their nests. The endangered seabirds are attracted by the artificial lights, sometimes becoming disoriented and circling the lights until they fall to the ground from exhaustion or strike objects like power lines or windows.

Once grounded, they can suffer injuries or fall prey to feral cats, rats or other predators.

“We remain disappointed by Earthjustice’s decision to file a new lawsuit while we were engaged in good faith settlement discussions. 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 and are working closely with U.S. Fish & Wildlife to continue to ensure the safety of these seabirds,” said JP Oliver, area managing director for the resort.

Conservation Council for Hawaii and the Center for Biological Diversity sued the resort in May for failing to obtain an Endangered Species Act permit that would require it to take steps to minimize harm to Hawaiian petrels or offset harm through habitat restoration and other conservation activities.

The injunction seeks to protect the petrels while the lawsuit wends its way through federal court.

The groups reached a settlement agreement with the resort two years ago requiring it to implement lighting modifications and other measures to minimize harm to the petrels.

The Grand Wailea said these measures would eliminate harm to the birds and chose not to pursue an ESA permit, according to a news release from the conservation groups on Monday.

Since then, three Hawaiian petrels grounded at the resort and one of those petrels died, according to the environmental groups.

Read the request for a preliminary injunction:

Civil Beat’s coverage of Maui County is supported in part by a grant from the Nuestro Futuro Foundation.

Civil Beat’s coverage of environmental issues on Maui is supported by grants from the Center for Disaster Philanthropy and the Hawaii Wildfires Recovery Fund, the Knight Foundation and the Doris Duke Foundation.