Judge to Rule on Sierra Club’s Lawsuit to Protect Groundwater from Red Hill Fuel Tanks

HONOLULU, HAWAI'I (September 27, 2017) -- With a dozen people in support, Sierra Club of Hawaiʻi argued in court today why the Red Hill fuel tank case should proceed. Sierra Club’s attorney, David Kimo Frankel cited the Health Department’s own findings that “the storage of up to 187 million gallons of fuel, 100 feet above a drinking water resource, is inherently dangerous.”

“That the Health Department exempted these leaky fuel tanks from the regulations, and not followed the statute’s requirement to ensure the upgrade of existing tanks, is a breach of their constitutional obligations to protect our public trust water resources,” Frankel added.

The fuel tanks beneath Red Hill are the largest and most concerning example of underground storage tanks throughout Hawaiʻi that have not been upgraded as state law requires. The Red Hill tanks sit 100 feet above the sole source aquifer for urban Honolulu, providing drinking water for over 400,000 residents and visitors.

The Board of Water Supply has emphasized “the serious threat these aging underground fuel storage tanks pose to the environment, and our high quality drinking water resources.”

“We are disappointed that the Department of Health is not acting on the public’s concern for the security of our drinking water resources,” said Sierra Club of Hawaiʻi Director, Marti Townsend. “The Navy estimated at least 200,000 gallons of fuel has leaked from the Red Hill fuel tanks since they were built in the 1940’s. It is irresponsible to exempt tanks with this leaky history from upgrade requirements.”

After an hour of oral arguments in court today, Judge Crabtree said he will rule before the end of October on whether to grant or deny the Department of Health's motion to dismiss Sierra Club’s lawsuit.

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