Earthjustice and Sierra Club of Hawai‘i Statement on U.S. Navy’s Exceptions to Contested Case Hearing Officer’s Proposed Decision and Order on Red Hill Emergency Directive

MEDIA ADVISORY 
FOR IMMEDIATE RELEASE 
Wednesday, December 29, 2021 

HONOLULU, HAWAIʻI - Earthjustice and the Sierra Club of Hawai‘i are sorely disappointed in the  U.S. Navy’s decision to continue fighting the state’s emergency order to defuel the Red Hill Bulk  Fuel Storage Facility. 

“The Navy certainly has a legal right to file exceptions to the hearing officer’s proposed decision  and order,” said David Henkin, the Earthjustice attorney who represents the Sierra Club of  Hawai‘i in the contested case hearing. “But it also has a moral obligation to acknowledge the  reality that every day it fights this emergency order, is another day that O‘ahu’s principle source  of drinking water remains at risk for catastrophic and irreversible contamination.” 

“The Navy’s supposed commitment to ‘rebuilding trust’ with the community would be  laughable if it wasn’t so terrifying in its hypocrisy,” said Wayne Tanaka, Sierra Club of Hawai‘i  Chapter Director. “How can they possibly hope to ‘rebuild trust’ with the community when  they continue to ignore the unprecedented community consensus, from everyday citizens to  elected officials across the political spectrum, that their decrepit facility needs to be drained before even more damage is done?” 

The Navy’s “exceptions,” or disagreements, with the Hearing Officer’s proposed decision and  order must now be considered by Deputy Director of Health Marion Tsuji, who will be the final decisionmaker in the contested case hearing. 

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