Judge Joel August agreed with Ma’alaea Community Association and Maui Tomorrow Foundation Inc. and ruled that the EIS for Jesse Spencer’s Ohana Kai Development at Ma’alaea did not adequately address the

• proposed injection wells for the on-site sewage treatment plant.
• anticipated increases in salinity of its water supply as its three wells are pumped.

Therefore the FEIS as accepted by the Department of Housing and Human Concerns is void.

Because the EIS did not adequately disclose and describe all identifiable environmental impacts nor did the EIS respond satisfactorily to comments made, the project cannot go forward  until an amended or supplemental EIS addresses these issues.

The current proposed plan seeks to develop a 1,110-unit housing subdivision on 257 acres above Maalaea.