Groups will appeal Stryker lawsuit ruling

By Ken Kobayashi
Advertiser Courts Writer

Three Native Hawaiian and environmental groups are continuing their legal challenge to the Army's plans to establish a 3,818-soldier Stryker brigade unit in Hawai'i.

The three groups yesterday notified the U.S. 9th Circuit Court of Appeals in San Francisco that they will appeal Chief U.S. District Judge David Ezra's decision last week rejecting their lawsuit.

The groups want the appeals court to declare that the Army violated the National Environmental Policy Act. In addition, they hope to file within a week a request for an injunction that would halt the project until the appeal is decided.

William Aila, spokesman for Na 'Imi Pono, one of the groups, said the Army misled the public about the project. "We have no choice but to seek justice at the next level," he said.

David Henkin, Earthjustice lawyer representing the groups, said they're "confident the 9th Circuit will hold the Army accountable for ignoring NEPA's democratic mandates to involve Hawai'i's people and to consider alternative transformation locations that would minimize the harm to Hawai'i's host culture and the Islands' unique biological treasures."

Capt. Kathleen Turner, an Army spokeswoman, said the Army anticipated the appeal and respects the groups' right to challenge the decision.

But she said the Army believes Ezra was correct in his decision and will defend its ability to continue the establishment of the Stryker unit.

"We believe the district court's decision was the appropriate decision," Assistant U.S. Attorney Harry Yee said. "We don't think there's any showing of prejudice (harm) that warrants injunctive relief."

The appeal extends the challenge to the $1.5 billion project to transform the Army's 2nd Brigade of the 25th Infantry Division (Light) by 2007. The plans include bringing in about 300 armored vehicles and converting land on O'ahu and the Big Island for the unit.

The three groups — Ilio'ulaokalani Coalition, Na 'Imi Pono and Kipuka — filed a lawsuit last year alleging that the project will damage Native Hawaiian cultural sites and harm endangered species and their habitats.

The groups contend the Army violated federal law by not adequately involving the public in the proposal and not considering locations outside of Hawai'i for the unit.

But Ezra has twice ruled against the groups. In November, the judge refused to issue an injunction halting the project. He said any delay would have harmed the Army's fight in the global war on terrorism.

Last week, Ezra issued a 24-page decision that essentially dismissed the lawsuit. He ruled that the groups raised their objections too late. He went on to say that even if the groups had raised those issues earlier, the Army had properly notified the public and had adequately considered what impacts the project might have on the environment.

Turner yesterday said the country is at war and the Army has "an operational requirement to train and maintain combat ready troops, including (the Stryker unit)."

She said the Army must continue to implement the Stryker projects "to ensure our units are properly postured to fully support all of our nation's commitments."

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