Makua live-fire
to resume

The Army will prepare an
environmental impact statement
as part of the settlement

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By Gregg K. Kakesako
gkakesako@starbulletin.com

THE ARMY will resume live-fire training at Makua Valley immediately in exchange for an agreement to prepare a compre- hensive environmental impact statement on the effects of that training, it was announced today.

The agreement ends a three-year suspension of live-fire training as the Army battled opponents who objected to the training's impact on the environment and Hawaiian cultural sites in the Waianae valley.

The settlement was announced by Maj. Gen. James Dubik, commander of the 25th Infantry Division.

"This agreement permits the Army to resume training in Makua Valley immediately. In return, the Army agrees to complete an environmental impact statement within three years," Dubik said. "The agreement we reached today permits the Army to prepare for any mission our leaders may give us, while at the same time reaffirming our firm commitment to preserve and protect the environment and cultural heritage embodied by Makua Valley."

Dubik noted that the Sept. 11 terrorist attacks showed the importance of military training.

"The barbaric attacks on New York and the Pentagon have given us a tragic illustration of the importance of combat readiness. Three weeks ago, the possibility of war seemed remote. Since the day of the attack, we have been a nation at war."

Earthjustice Legal Defense Fund, one of the opponents to the training, also welcomed the agreement.

"We consider this a victory and vindication of the effort that we have taken to try to get information on the impacts of the training at Makua," fund attorney David Henkin said.

He said the settlement was necessary to reach the needs of both parties and limits training to a minimum.

"We are not opening the gates to training, but in this time of national crisis, the settlement meets the needs of the Army and the community," Henkin said.

The deal allows for cultural access to the Waianae valley and will allow training opponent Malama Makua to place observers to watch the training to ensure that cultural and historical sites are protected.

Under a preliminary injunction issued by federal Judge Susan Oki Mollway in July, the 25th Division had been barred from resuming any live-fire training in Makua until Nov. 13.

In granting the preliminary injunction, Mollway held that there were sufficiently serious questions regarding the merits of the case and that the balance of the hardships tips decidedly in favor of the plaintiffs. Mollway also has set Jan. 11 as a hearing date to hear any arguments surrounding the need for a fuller and more comprehensive environmental impact statement.

There has been no training held in the 4,190-acre Leeward Coast valley since September 1998.

The Army had proposed to resume training in Makua Valley this summer under the terms of a supplemental environmental assessment using 456 acres. The number of soldiers allowed to fire their weapons also would be held to about 150 and no incendiary weapons would be used.

However, in December, Malama Makua, a group of Leeward Oahu citizens represented by Earthjustice Legal Defense Fund, challenged the environmental assessment in federal court.

In arguing for a more comprehensive environmental impact statement, Earthjustice rejected the Army's claims in its supplemental environmental assessment that its modified training program will threaten neither the endangered species nor the 100 cultural sites in the valley.

The Army maintains that since the training stopped three years ago it has been able to complete only 13 of its required 54 training exercises. Those were done in Louisiana, California and Thailand.

Makua is home to at least 40 endangered species. Most of these are located along the Makua Valley rim -- miles away from the training and impact area.

Under the Army's current proposal the use of rockets; tube-launched, optically tracked and wire-guided missiles; and other incendiary devices would be prohibited. These weapons and ammunition were believed to have caused the majority of fires in the valley in the past.