2018 Red Hill Litigation WIN!

In February 2018, the Sierra Club won their suit against the Hawaiʻi Department of Health—the court ruled that the exemption of the U.S. Navy’s Red Hill Fuel Tanks is a violation of state law.

[READ THE COURT ORDER HERE]

Hawaiʻi’s Department of Health is responsible for regulating underground storage tanks and protecting our drinking water. State law specifically directs the Health Department to enact rules that require existing underground storage tanks be upgraded to prevent releases of petroleum into the environment. Their current regulations, however, do not ensure underground storage tanks are properly upgraded.

This suit comes after the Health Department continued to overlook the sense of urgency in mandating repairs to aging underground storage tanks. The Sierra Club previously delivered official notice to the Health Department that their regulations on underground storage tanks fail to comply with a 1992 state statute in May. The 1992 law states, “Existing underground storage tanks or existing tank systems shall be replaced or upgraded not later than December 22, 1998 to prevent releases for their operating life.” This requirement applies to all tanks storing hazardous material underground, including the U.S. Navy’s Red Hill Bulk Fuel Storage Facility.

Lawsuit Timeline

May 24, 2017  |  Sierra Club delivers official notice to the Hawaiʻi Department of Health
June 23, 2017  |  Department of Health responds to petition disagreeing with the Sierra Club’s reasoning for initiating an urgent rulemaking process
August 17, 2017  |  Sierra Club files suit against the Hawaiʻi Department of Health
September 5, 2017  |  Hawaiʻi Department of Health files a motion to dismiss
September 19, 2017  |  Sierra Club files response to Department of Health’s motion to dismiss
September 22, 2017  |  Hawaiʻi Department of Health replies to Sierra Club’s response
September 27, 2017  |  Hearing on the Department of Health’s motion to dismiss
December 2017  |  Judge Crabtree denies Department of Health’s motion to dismiss, lawsuit proceeds and court will evaluate state oversight of Red Hill Fuel Tanks
January 8, 2018  |  Sierra Club files motion for summary judgement
February 21, 2018  |  Hearing on Sierra Club’s motion for summary judgement
February 21, 2018  |  Judge Crabtree rules in favor of Sierra Club’s motion. Court finds that the state’s exemption of the Navy’s Red Hill fuel tanks violate state law