Posted on: Saturday, November 6, 2004

Judge won't block Stryker Brigade unit

By Ken Kobayashi
Advertiser Courts Writer

Citing national security and the war on terrorism, a federal judge yesterday refused to block the Army's efforts to establish a fast-strike Stryker Brigade unit in Hawai'i.

Three Native Hawaiian and environmental groups had sought a court order to halt preparations for the $1.5 billion brigade, claiming that the Army didn't adequately consider alternatives to establishing the unit here and preparations would destroy cultural resources.

But U. S. District Judge David Ezra found that the groups raised the issue too late, the Army's environmental studies were adequate and national security concerns favored the denial of the request for an injunction.

"The harm to the Army and its efforts in the global war on terrorism from a preliminary injunction are both demonstrative and severe," Ezra wrote in a 19-page opinion. "Plaintiffs wish to ignore the fact that our nation is at war.

"Furthermore, it can be argued that the enemy our nation fights today is no less dangerous than the enemy that visited itself upon these shores on Dec. 7, 1941."

He said delaying the transformation of 2nd Brigade of the 25th Infantry Division into the Stryker unit would reduce the Army's effectiveness in the war on terrorism.

Army officials and the U.S. Attorney's office hailed the decision, but the plaintiffs say they intend to continue their legal challenge.

"Ensuring our soldiers have the best equipment and facilities possible is critical to winning on today's battlefield," the Army's 25th Infantry Division said in a written statement. "Judge Ezra's decision to not grant a preliminary injunction is a positive step in that direction."

Assistant U.S. Attorney Harry Yee said the court came to the "appropriate decision." "We feel we can continue to work with these plaintiffs and the general public to resolve any concerns about the Stryker Brigade," he said.

But at least one of the groups was not so sure.

"Not unless they go back and do a proper (environmental study)," said William Aila Jr., 46, spokesman for Na 'Imi Pono.

"We lost the battle, but the war is not pau," he said.

Earthjustice attorney David Henkin said they were disappointed.

He said their concerns are that in the coming months, the Army will be carrying out activities at Schofield Barracks training sites that could destroy cultural sites and artifacts as well as ancestral bones. The Army knows there's a probability that those areas have cultural sites and the activities, including removal of unexploded ordnance, would put them at risk, Henkin said.

"You're likely to hit something," he said.

Henkin said no decision has yet been made as to whether to seek an immediate appeal of the ruling to the U. S. 9th Circuit Court of Appeals or proceed with a hearing scheduled for Feb. 22.

Henkin found some solace in that Ezra pointed out his ruling was only on whether to grant a preliminary injunction, which would be in place until a trial on the lawsuit or the hearing that would dispose of the case.

The Army's plans call for the remaking of the 2nd Brigade into the Stryker unit that would include 291 Stryker vehicles. It would be one of the Army's five to eight Stryker Brigades.

Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.