Army may seek The Army may seek an "emergency motion" to resume use of Makua Valley to maintain its proficiency and prepare for war because of the recent terrorist attacks at the World Trade Center and the Pentagon.
emergency authority
to use Makua Valley
It feels the situation has changed
because of the terrorist attacks
in New York and D.C.By Gregg K. Kakesako
gkakesako@starbulletin.comDavid Henkin, attorney for Earthjustice Legal Defense Fund, said government attorneys told federal Judge Susan Oki Mollway last week the possibility of the "emergency motion." Earthjustice Legal Defense Fund represents the Leeward Oahu group Malama Makua in a lawsuit against the Army.
"They wanted to alert the court and us to the possibility the Army would bring an emergency motion to do some training," Henkin said.
There was no immediate response for the Army.
In July, Mollway granted a preliminary injunction which prevents the Army from resuming live-fire training at Makua. The preliminary injunction was to be in effect until Oct. 29, but Henkin said arguments will now be heard by Mollway on Nov. 13.
If Mollway rules that a full environmental impact statement is necessary, the Army could seek to train in the valley while conducting the study.
A Jan. 11 hearing date also was set for a possible permanent injunction.
The Army halted live fire training in the 4,190-acre valley in September 1998 so an environmental assessment of the impact of the training could be conducted.
The Army has said that it should be allowed to resume training on 456 acres under a modified program that uses smaller amount of soldiers.
Earthjustice wants the Army to do a more comprehensive environmental impact study.
