Judge lets Makua lawsuit stand

WAI‘ANAE — A federal judge yesterday refused to dismiss a lawsuit challenging the Army’s assessment that live-fire training would not significantly affect Makua Valley.

The Army had argued that the December assessment was only a preliminary one and the lawsuit is premature. But in her written decision, U.S. District Judge Susan Oki Mollway turned down the Army’s dismissal request.

Army spokeswoman Maj. Cynthia Teramae said the Army has yet to review the decision but will comply with it and proceed with conducting informational meetings with community leaders. She also said the Army will be coming up with a supplemental assessment.

The suit by environmental groups Malama Makua and the Earthjustice Legal Defense Fund contends that the training will have a significant impact on the valley that warrants the preparation of a more extensive environmental impact statement.

"We think it was the right decision," said Paul Achitoff, lawyer for Earthjustice. "There is no reason Malama Makua should get thrown out of court just because the Army is revisiting its decision not to do an (environmental impact statement)."

He said he hopes the Army reaches the "right conclusion" and prepares the environmental impact statement.

Meanwhile yesterday, the Army released a plan to go back to the Wai‘anae community to discuss 14 points concerning the use of Makua Valley and the resumption of live-fire training. The plan called for meeting with small, invitation-only groups, and no general public meetings.

"In our last public meeting, many individuals from the Leeward Coast expressed their interest in meeting in small groups," said Brig. Gen. Karl Eikenberry, assistant division commander (support) 25th Infantry Division (Light) and U.S. Army, Hawai‘i. "We’ve decided that is a very good idea and productive."

However, following quick reaction from some community members unhappy with the plan, the Army revised it to include an option for "other opportunities" to discuss the issues with the public.

It was the second time the Army has angered the community regarding public meetings. Five days before a public meeting scheduled for Jan. 17, the Army canceled the meeting and announced plans for a tour of the valley and a later meeting, but without giving a site.

Yesterday, the Army said it will go ahead with small group meeting with members of Malama Makua, Wai‘anae Military Civilian Advisory Council, Ukanipo Advisory Council, Veterans of Foreign Wars, Leeward Rotary, American Legion and the Lions Club. It said the meetings would begin this week.

Resident William Aila said the community is tired of waiting for the Army to tell it when meetings are being planned and the group Hui Malama O Makua has set up its own public meeting at 10 a.m. March 10 at the Wai‘anae Recreation Center and invited the Army and other groups to attend.

"We’ve been hearing through the press that they want to meet with us. Well, here we are," Aila said.

"If they don’t come, that will tell us they aren’t interested in dealing with the real community," he said. "We just want (the Army) to come to the table to present their thoughts to the real community and not just groups who they feel will be sympathetic to their cause. We will invite people we don’t agree with so we can get their thoughts, too."

The Army suspended live-fire training at the Makua Military Reservation in September 1998. The 4,190-acre Makua Valley is home to 34 endangered species and a number of Hawaiian archaeological sites.

In December, the Army released an environmental assessment that drew harsh criticism from the community, and said it planned to use a modified approach to training that could have put soldiers back in Makua as early as March.

But last month the Army said it would reconsider the environmental assessment and hold further public meetings. Nearly 500 people gathered Jan. 27 to discuss the initial assessment at a meeting that lasted more than 10 1/2 hours. The Army drew its 14 points primarily from that meeting.

The Army press release issued yesterday did indicate plans for a presentation at the Wai‘anae Neighborhood Board meeting at 7:30 p.m. Tuesday.

Called for comment, board chairwoman Cynthia Rezentes said she when was asked to put the presentation on the agenda, it was her understanding that the Army would discuss its plan for further public meetings and was surprised to hear that only small group meetings were planned.

Rezentes immediately called Eikenberry to say that holding the only public meeting on the Army’s points at the board meeting was not what she had agreed to. She also said the small venue at the Wai‘anae Neighborhood Community Center would not hold the hundreds of people that would be expected to attend that type of meeting.

The Army now says the board meeting will only be a briefing on the 14 points. The presentation will last about 15 minutes and will not be a dialogue with the public, the Army said.

Following Rezentes’ call, Teramae indicated that the Army would expand its meetings beyond the small groups and look for "other opportunities" to discuss the issues with the public.

Teramae said there are no plans at this time to resume live-fire training in the valley.

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