Army Violated Makua Agreement, Judge Says
By Ken Kobayashi
POSTED: 02:27 p.m. HST, Oct 27, 2010
U. S. District Judge Susan Oki Mollway ruled today that the Army violated an agreement by failing to conduct a subsurface archeological survey of certain areas at the Makua Military Reservation.
Mollway also ruled that the Army did not adequately study the effect of its activities on the limu at Makua Beach.
"Today's ruling vindicates the public's right to accurate information about the harm to the public health and cultural sites that resuming training at Makua could cause," Earthjustice attorney David Henkin said.
Henkin represents Malama Makua, which filed a lawsuit alleging that the Army failed to comply with agreements to conduct studies on the impact of its live ammunition training and other activities at Makua Valley.
Mollway's ruling resolves some of the issues set for a trial scheduled for Feb. 23.
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