Navy appeals in federal court to call state order to empty Red Hill fuel tanks ‘capricious’

HONOLULU (HawaiiNewsNow) — In a move that has caused irritation, the Navy filed an appeal in federal court on Wednesday, saying the state’s emergency order to drain its Red Hill facility was unlawful.

In the court filing, the Navy said the state’s finding that the underground fuel storage facility posed an imminent threat to Oahu‘s drinking water was “clearly false, arbitrary, capricious and an abuse of power.” This is despite a history of leaks and a contamination crisis in the Navy’s water system.

Wednesday was the deadline for the Navy to submit a plan to the Department of Health for how it would drain its fuel storage facility while its safety could be investigated.

The Navy said it filed the lawsuit out of “excess of caution” and complains that the state is “effectively attempting to shut down the Red Hill facility itself.”

In a statement Wednesday afternoon, the state Department of Health and Human Services fired back, saying the appeal “undeniably proves that the Navy is unwilling to do the right thing to protect the people of Hawaii and its own military members.”

The statement continued, “Although the Navy consistently claims it is complying with the DOH Emergency Order, its actions consistently prove otherwise. We look forward to taking our fight to justice to protect Hawaiians and our environment.”

Meanwhile, environmentalists say they will fight to keep the case in state court rather than federal court.

Earlier Wednesday, activists at a sanctuary outside the US Pacific Fleet headquarters accused the Navy of lying after Navy leaders told Congress they were complying with the order.

Activists are calling for the Red Hill facility to be permanently closed.

They say the Navy has failed to act on previous leaks and echoed comments from state and water supply leaders that the facility poses a threat to Oahu’s water because it sits 100 feet above the aquifer.

“Today we see the US Department of Defense, through its branch of the Navy, continuing its passive-aggressive attack,” said Hinaleimoana Wong-Kalu, representative of the Hawaiian Native American community.

READ THE NAVY CALL:

Copyright 2022 Hawaii News Now. All rights reserved.