Malama Makua
files suit to halt
Marine trainingThe group opposes mortar and
rocket fire set for next week
A Waianae citizens group and the military are squaring off in court again over the use of Makua Valley -- a site the group says is in need of protection, but which the Marine Corps says is crucial to training.
About 100 Kaneohe Marines are scheduled for live-fire training in the valley next week, prompting Malama Makua to file a lawsuit Monday to halt the exercises, alleging they violate a federal court settlement. A hearing is scheduled for tomorrow.
Maj. Chris Hughes, Marine Corps spokesman, said yesterday the Marines wear "three immediate response hats," including being designated as "quick reaction force" for the islands.
Makua Valley "is the only location on the island where they can conduct that type of training," Hughes said.
Malama Makua contends the Army's decision allowing the Marines to use mortars and rockets during their five days of training violates a 2001 out-of-court settlement.
Pat Simoes, Army spokeswoman, said: "All our activities comply with the law as outlined in the settlement agreement and the Endangered Species Act."
"We believe the proposed live-fire training can be conducted without incident or damage to the environment or cultural assets," she said.
David Henkin, attorney for Earthjustice, which represents Malama Makua, said use of mortars and shoulder-launched rockets violates the settlement.
Besides the use of rifles and machine guns, the Marines intend to fire three 60 mm mortars and three shoulder-launched rockets during the exercises March 26.
Hughes said that on March 25, the Marines will test the mortars to make sure the rounds fall within designated areas. "As an added safety precaution they will be locked into place" before the live-fire exercise the following day, he said.
He said the rockets do not carry a full charge of explosives.
However, Henkin, Earthjustice attorney, said the last time the Marines trained in Makua, in September 1998, a misfired mortar landed outside a firebreak road and started a fire that burned 800 acres. He said next week the Marines plan to use 20 times the mortars used six years ago.
Three years ago, the Army and Earthjustice agreed to a settlement that allowed the Army to use Makua Valley with certain restrictions, pending the completion of a comprehensive environmental impact study. The settlement was prompted by a 1998 lawsuit by Malama Makua which argued that the Army's environmental assessment justifying continued live-fire training the 4,190-acre Leeward Oahu valley was inadequate. The valley is home to 45 species of endangered and threatened plants, as well as archaeological sites.
Training resumed in January 2003.
Under that settlement, the Army is allowed 12 training exercises in Makua this year, but the use of high explosives, like rockets, are banned because of the risk of starting fires.
Realistic training in Makua and other training areas "prepares soldiers for the battlefield," Army spokeswoman Simoes said. "Our troops' first exposure to live fire must not come as they are on a hostile beach in combat."