The lawsuit, filed on behalf of Malama Makua yesterday evening in U.S. District Court, seeks to halt the use of mortars and shoulder-launched rockets because of the risk of fire in the valley, home to 45 endangered plants and animals. The Marines plan to train beginning Monday.

A request for a temporary restraining order will be heard 3 p.m. Thursday by U.S. District Judge Susan Oki Mollway.

Earthjustice, which is representing Malama Makua, alleges that live-fire training cannot take place until the Army completes an ongoing study with the U.S. Fish and Wildlife Service.

The so-called "consultation" with wildlife officials would analyze the threats military activities pose to the environment. It was begun last year in response to an Army controlled burn that got out of control, burning 2,500 acres in the process. Earthjustice threatened to sue the Army if the consultation was not done.

"By refusing to wait for the outcome of consultation before going forward with live-fire exercises, the Army is not only violating the law, it is playing Russian roulette with Hawai'i’s irreplaceable natural heritage," said Earthjustice attorney David Henkin. "History has shown it only takes one misfired mortar rocket to spark a catastrophic blaze."

The last time the Marines trained in Makua, in September 1998, a misfired mortar landed outside firebreak roads and started a brushfire that consumed approximately 800 acres.

Earthjustice alleges in its suit that the Marines plan to use 20 times the amount mortars used in 1998 when they train next week.

Officials with the 25th Infantry Division (Light) and U.S. Army, Hawai'i had no immediate comment this morning.

But Maj. Chris Hughes, a spokesman for Marine Corps Base, Hawai'i, today said the Marines are committed to following whatever federal rules or court mandates apply to use of the valley.

Training is necessary, he said.

"We need to train our people," Hughes said. "It’s imperative that our people are trained and ready for whatever requirement they might get."