In federal court appeal, Navy calls state order to empty Red Hill fuel tanks ‘capricious’

TL;DR - In a move that’s drawing anger, the Navy filed an appeal in federal court Wednesday saying the state’s emergency order to drain its Red Hill facility is unlawful.

In the court filing, the Navy said the state’s finding that the underground fuel storage facility poses an imminent threat to Oahu’s drinking water is “clearly erroneous, arbitrary, capricious, and an abuse of discretion.” That’s despite a history of leaks and a contamination crisis in the Navy’s water system.

Wednesday was the deadline for the Navy to deliver a plan to the state Department of Health about how it would drain its bulk storage fuel facility while its safety could be studied.

February 2, 2022: In federal court appeal, Navy calls state order to empty Red Hill fuel tanks ‘capricious’, Hawaiʻi News Now