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The Honolulu Advertiser
Posted on: Tuesday, April 26, 2005

Stryker brigade wins court fight

By Ken Kobayashi
Advertiser Courts Writer

Three Native Hawaiian and environmental groups have lost their federal court challenge to the Army's ongoing efforts to establish a Stryker brigade in Hawai'i.

About 300 20-ton Stryker vehicles, which can hit highway speeds of 70 mph, are expected to begin arriving in Hawai'i in the spring of 2006.

Advertiser library photo • July 26, 2004

Chief U.S. District Judge David Ezra yesterday threw out their lawsuit, ruling that the groups raised their objections too late. But even if they had protested early enough, the judge said, the Army had properly notified the public and adequately studied the effects of the project.

The $1.5 billion project calls for the transformation of the Army's 2nd Brigade of the 25th Infantry Division (Light) into a Stryker unit of approximately 300 armored vehicles.

"The Army is pleased with Judge Ezra's ruling and appreciates the court's thoughtful consideration of this very important matter," the 25th Infantry Division said in a release.

Meanwhile, the Army said yesterday that construction for a training range for the Stryker unit will begin at Schofield Barracks in May.

William Aila Jr., 47, spokesman for Na 'Imi Pono, one of the three groups that sued, said he was disappointed, but that the decision was not unexpected in view of Ezra's ruling last year refusing to halt the project while the suit was pending.

Aila said the groups are considering their options, which include asking the judge to reconsider yesterday's decision or appealing to the 9th U.S. Circuit Court of Appeals.

"We're not going to walk away from this," he said.

Earthjustice lawyer David Henkin, who represents the three groups, said he was disappointed and reviewing the decision to decide what to do next.

The court case was closely monitored by Army and federal officials because it could have derailed the ambitious transformation plans in Hawai'i.

But for now, Ezra's 24-page decision ends the court case that began with the filing of the lawsuit last year by Na 'Imi Pono, 'Ilio'ulaokalani Coalition and Kipuka. The groups said the Army didn't adequately notify Hawai'i residents about the project and didn't adequately consider its effect on the environmental and cultural sites or alternatives, such as establishing the fast-strike unit in other states.

Yesterday's ruling was foreshadowed in November when Ezra refused to issue an injunction halting the transformation while the suit was pending. At the time, Ezra cited national security and the war on terrorism. The injunction would have harmed the Army's fight in the global war on terrorism, the judge had said.

In his decision yesterday, Ezra reviewed the Army's efforts in sending notices to the public and studying the effects of the fast-strike brigade here.

He said the groups alleged that studies failed to consider locating the brigade outside Hawai'i, but the judge said the Army rejected that alternative because of "adverse impacts to training ability and air transport resources."

The Stryker brigades are part of the Army's 30-year plan to provide more responsive and deployable units for the 21st century. Once transformed, the 2nd Brigade of the 25th Infantry Division would become one of five to eight Army Stryker units.

The 20-ton Stryker vehicles, which ride on eight tires instead of tank treads and can hit highway speeds of 70 mph, now are expected to start arriving in Hawai'i in the spring of 2006. (The Army had said that the unit would be stood up this fall.)

Preparation for facilities and infrastructure has proceeded unimpeded by the lawsuit, the Army said. The Stryker brigade would be the biggest Army project in Hawai'i since World War II, and is expected to generate $700 million in construction projects on O'ahu and the Big Island.

The project includes 49 miles of private trails for Stryker use, six new firing ranges, two airfield upgrades, support facilities including a virtual war-fighting trainer, and significant impacts on cultural and biological resources.

"The Army is currently in a pre-construction phase for some of the facilities required to support training of the Stryker Brigade Combat Team," said Schofield spokeswoman Capt. Juanita Chang. "Construction of one of those facilities, specifically Qualification Training Range 1 at Schofield Barracks, will begin in May."

As part of that plan, 1,400 acres adjacent to Schofield Barracks and 23,000 acres on the Big Island will be purchased for firing ranges and for training.

Court papers last year stated that Campbell Estate agreed to accept as "just compensation" $15.9 million for the 1,400 acres of land, part of which was used by Del Monte for agriculture.

The Army says the Stryker, with add-on armor, has proven its worth in combat in Iraq.

A Stryker unit based out of Fort Lewis, Wash. — the 1st Brigade of the 25th Infantry Division (Light) — is in Iraq with the combat vehicles.

Advertiser Military Writer William Cole contributed to this report. Reach Ken Kobayashi at kkobayashi@honoluluadvertiser.com or 525-8030.