Judge blocks Makua training

By Curtis Lum
Advertiser Staff Writer

A federal judge last night temporarily halted plans by the Marine Corps to conduct live-fire training exercises in Makua Valley that were to begin next week.

U.S. District Judge Susan Oki Mollway granted a temporary restraining order to the activist group Malama Makua, which filed a lawsuit against the Army to stop the training scheduled for Wednesday through Friday. On Thursday Mollway heard arguments by attorneys for Earthjustice, which represented Malama Makua, and the federal government.

A hearing on a preliminary injunction is set for April 19 to determine whether the court ban should be extended until a trial is held on the lawsuit.

An Army official last night said the Army's statement on the ruling will be issued today.

Military officials have argued that the exercises are needed because the Marines who will take part in them are part of a "rapid deployment group" that has a small window of opportunity before being deployed to Okinawa. The government also contended that the training would not cause irreparable harm to the valley's 45 endangered plants and animals and 100 archaeological features.

But in her ruling, Mollway agreed with Malama Makua that the likelihood of fires caused by the live rounds is great. Mollway also cited a 2001 agreement between the Army and Malama Makua that outlined the type of training permitted in the valley.

Mollway said the Marines planned to use about 110 60 mm mortars, which is three times the normal number used during exercises in Makua Valley, and that is a violation of the agreement. She added that the 60 mm mortar shells "have a history of igniting fires" at Makua.

"Everyone acknowledges the need for military training," Mollway said. "But ... Congress has charged the court with giving the highest priority to protecting endangered species."

Earthjustice attorney David Henkin, who represents Malama Makua, praised Mollway's decision.

"Obviously we're very pleased that the court recognized the need to preserve the status quo while working through some complex issues," Henkin said. "We're pleased that this very dangerous training, which poses a threat to biological treasures, will not take place."

But Henkin said Mollway was sensitive to the needs of the military by scheduling the hearing for April 19. He said the Marines said in court that the training needs to be completed by the end of April.

Advertiser staff writer David Waite contributed to this report.