Oahu Community to Judge: Make Army Hold Its Fire at Makua

The organization says it is back in court on this issue because the Army failed to prepare key contamination studies and archaeological surveys as it agreed as part of settlements with the group in 2001 and in 2007.

Malama Makua also seeks to prevent the Army from resuming live-fire training in the Makua Valley until it completes a revised EIS, that contains the studies.

Live-fire training at Makua Military Reservation ceased in 2004 pending the completion of the EIS.

The Army was required to prepare the studies by an October 2001 settlement of Malama Makua's earlier lawsuit challenging the Army's failure to prepare an EIS for Makua, as well as a related settlement in January 2007.

In the 2001 and 2007 settlements, the Army agreed to carry out comprehensive subsurface archaeological surveys to identify cultural sites that could be damaged or destroyed if mortar rounds, artillery shells, and other ordnance go astray during training exercises, as they have in the past.

"I've observed training at Makua and many times have seen mortar rounds missing their targets and landing in places we know are full of ahu [shrines], petroglyphs, imu [earthen ovens], and other cultural sites," said Malama Makua member and cultural practitioner Leandra Wai.

The Makua Valley on Oahu's Waianae Coast (Photo courtesy U.S. Army)

"If the Army doesn't live up to its promises and do a comprehensive survey of Makua's cultural sites, we'll never know what we stand to lose if the Army returns to training," she said.

The Army also agreed to conduct comprehensive studies to determine the potential for training activities to contaminate fish, shellfish, edible seaweed called limu, and other marine resources at Makua that Waianae Coast residents gather for subsistence purposes.

"For 30 years, I've been fishing and gathering limu at Makua and putting that food on my family's table," said Malama Makua member Vince Dodge.

"We here on the Waianae Coast have a right to know if the Army is poisoning the food we feed our keiki [children]. That's why Malama Makua has insisted that the Army finally tell us the truth, and why we're back in court to make sure the Army lives up to its agreements."

The 2001 settlement detailed the scope of work for the studies, which were supposed to be conducted and put out for public review as part of the EIS process, Earthjustice attorney David Henkin explained.

When the Army published a draft EIS in 2005 that did not include the studies, Earthjustice sought to enforce the 2001 settlement. The two sides reached a second settlement in January 2007, with the Army again agreeing to conduct the detailed studies before releasing the final EIS.

"But once again, this was not done," Henkin said. "The only studies of subsurface archaeology and marine contamination the Army did were so poorly designed that even the Army admitted they didn't provide any meaningful information. This wasn't what we agreed."

"The Army's decision to resume training before completing the studies that are needed to find out the true cost of training at Makua is putting the cart before the horse," Henkin said. "The whole point of preparing an EIS is to make informed decisions, not to make choices we'll later regret after all the facts are in."

The Army Wednesday issued a statement saying it "has satisfied its obligations required in the previous settlement agreements."

Issued by U.S. Army Garrison Hawaii, the statement said the public has the right to challenge the process and that "it is standard Army policy not to comment on potential or ongoing litigation, and to allow the courts to reach a decision before responding."

U.S. Army Garrison Hawaii spokesman Loran Doane said the Army has not set a date to resume live-fire training at Makua.

In the Final EIS, the Army determined that Makua Valley provides "the best location" to train company-sized units located on Oahu in Combined Arms Live Fire Exercises, CALFEX, and convoy live-fire exercises.

"After fully considering all aspects of the environmental impact statement and extensive public input, the Army decided not to choose the EIS preferred alternative of conducting 50 CALFEXs and 200 convoy live-fire exercises per year with minimal weapons restrictions," U.S. Army Garrison Hawaii said in a statement.

"Rather, the Army decided on a greatly reduced option of 32 CALFEXs and 150 convoy live-fire exercises per year without the use of tracer ammunition, TOW missiles, anti-tank (AT-4) and 2.75-caliber rockets, Javelins, the shoulder-launched multipurpose assault weapon, or Illumination munitions of any kind."

"The elimination of these weapon systems greatly reduces the risk of range fires and environmental threats to endangered species and cultural sites, yet allows Hawaii based units to train locally without the costly burden of additional deployments," the Army states.

"This MMR Environmental Impact Statement was a very thorough and publicly open process." said Maj. Gen. Raymond V. Mason, commander, Army Hawaii and the deciding official. "We've reached the best decision that allows our soldiers and small units to train locally and reduces their time away from families, all while ensuring the Army continues to protect the precious environment entrusted to us."

Click here to view the Final Environmental Impact Statement for Makua Military Reservation.

Copyright Environment News Service, ENS, 2009. All rights reserved.