US Government Sues Hawaii Over Order To Defuel Red Hill Facility

TL;DR - In two legal appeals filed on Wednesday, the U.S. Justice Department argued that Hawaii can’t use the recent fuel leak at the center of a water contamination crisis as a justification to order the draining of the Navy’s World War II-era fuel facility.

It was the latest legal move in emerging tensions between the military and the state after the contamination of a Red Hill well that provides drinking water for some 93,000 people in the military community. The crisis also raised concerns about the safety of civilian water sources since they share an aquifer with the Navy.

The Hawaii Department of Health could use its emergency powers to order the Navy to take direct action to remediate a Nov. 20 leak that released 14,000 gallons of water and fuel, but ordering the shutdown of the entire facility was a step too far, the federal appeal said.

February 2, 2022: US Government Sues Hawaii Over Order To Defuel Red Hill Facility, Honolulu Civil Beat

February 2, 2022: Navy files for injunction to Hawaii's emergency order to drain Red Hill fuel facility, KITV

February 2, 2022: Navy appeals Hawaii order to drain fuel tanks that contaminated water, Military Times

February 3, 3033: Military appeals Hawaiʻi order to drain Red Hill fuel tanks, Hawaiʻi Public Radio

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Hawaii Health Officials Review Drinking Water Standards After Red Hill Fuel Crisis

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