Suit alleges Kauai utility failed to protect birds

Four nonprofit groups plan to sue the Kauai Island Utility Cooperative alleging the company has failed to prevent deaths of rare native seabirds. Hui Hoomalu i ka Aina, Conservation Council for Hawaii, the Center for Biological Diversity and the American Bird Conservancy are being represented by Earthjustice.

The groups sent the utility a notice Wednesday declaring their intention to sue. They say the utility has long refused to implement measures to protect Hawaiian petrels and Newells' shearwaters from fatal collisions with power lines. They argue this alleged failure violates the federal Endangered Species Act.

The cooperative says it is developing a bird protection plan with the help of state and federal agencies and has already taken steps to protect the birds.