Suit filed over live-fire training in Makua
By Mike Gordon
Advertiser Staff Writer
Wai'anae Coast activists have again sued the Army over a recent decision to allow Marines to conduct live-fire training next week in Makua Valley.
The lawsuit, filed on behalf of Malama Makua Monday evening in U.S. District Court, seeks to halt the use of mortars and shoulder-fired rockets because of the risk of fire in the valley, home to 45 endangered plants and animals and 100 archaeological features. The Marines plan to begin training next Monday.
A request for a temporary restraining order will be heard at 3 p.m. tomorrow by U.S. District Judge Susan Oki Mollway.
Earthjustice, which is representing Malama Makua, says live-fire training cannot take place until the Army completes an ongoing study with the U.S. Fish and Wildlife Service.
The "consultation" analyzes 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, scorching 2,500 acres. 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.
The last time the Marines trained in Makua, in September 1998, a misfired mortar started a brush fire that consumed about 800 acres.
Earthjustice says in its suit that the Marines plan to use 20 times the amount of mortars used in 1998 when they train next week.
Officials with the 25th Infantry Division (Light) would not comment on the specifics of the lawsuit, but in a statement released yesterday afternoon said, "We believe that all our activities comply with the law as outlined in the settlement agreement and the Endangered Species Act."
The Army said measures are being taken to protect the environment and cultural artifacts during exercises.
"We believe the proposed live-fire training can be conducted without incident or damage to the environment or cultural assets," the statement said.
The Army noted that the nation is at war and the armed forces must prepare.
"To win the war against terrorism and get ready for future battles, the U.S. military must be prepared. The conduct of realistic live-fire training in Makua is part of that preparation," the Army statement said.
Maj. Chris Hughes, a spokesman for Marine Corps Base Hawai'i, yesterday said the Marines are committed to following whatever federal rules or court mandates apply to use of the valley. He also said training is necessary.
"It's imperative that our people are trained and ready for whatever requirement they might get," he said.
The five-day exercise involves about 100 Marines from the 3rd Marine Regiment. Their plan is to train with platoon-sized groups using a variety of weapons, including rifles, machine guns and 60mm mortars. The shoulder-launched rockets will fire inert rounds.
"We will let the judge take a look at it," Hughes said. "If we need to adjust something or change the scope of the training, we will be willing to do that."
Area residents have long maintained that military use of the valley must stop. The lawsuit maintains the Army is not complying with legal obligations under the federal Endangered Species Act.
"Let's be clear," said Sparky Rodrigues, a member of Malama Makua. "This is about the military respecting the community, the environment and the rule of law, just like everybody else."
Staff writer Curtis Lum contributed to this report. Reach Mike Gordon at mgordon@honoluluadvertiser.com or 525-8012.
