Earthjustice, with offices in Hawai'i, and its client Hui Ho'opakele 'AAina, a Moloka'i community group, said they will file suit in Maui's second circuit court today. The suit argues that Holland America will use state lands in anchoring, embarking and disembarking passengers on Moloka'i, and because of that, the state must conduct an environmental assessment before the cruises begin, under the state's environmental policy act.

"Any time there's a use of state lands there must be at least an environmental assessment," lead attorney Isaac Moriwake said.

He said he will ask state agencies to comply with state laws requiring environmental review and to enjoin the visits until the process is completed.

"There's no indication that Moloka'i can handle a flood of two or three thousand tourists," said Moriwake, adding that one of Hui's primary concerns is Moloka'i's reef system. "This is something that really the government, the state is supposed to take care of. It's their obligation."

Earthjustice also is asking for Holland America to voluntarily conduct an environmental impact statement on the effect of its cruise visits to Moloka'i. Through an environmental assessment, a state agency may determine that a more detailed environmental impact statement is required under state law.

A spokeswoman from Holland America said she would need to learn more about the request before commenting.

It is unclear what state agency would be responsible for an environmental assessment. A Department of Health spokeswoman said the agency does not have jurisdiction over cruise ships. It also was unclear what division under the Department of Land & Natural Resources might be responsible.

Holland America is scheduled to make the first cruise ship visit to Moloka'i when the 1,266-passenger Statendam departs from San Diego Dec. 20 and arrives at Kaunakakai on Moloka'i on Dec. 28. Moloka'i is also on the itinerary for Holland America's three 16-day cruises next year in the winter, spring and fall.