Earthjustice claims win in Makua military lawsuitAssociated Press, March 12, 2008http://starbulletin.com/2008/03/12/news/story08.htmlA federal judge told the Army yesterday to quickly expand cultural access to native Hawaiian sites at its Makua Military Reservation on Oahu, according to Earthjustice, which represents the community group Malama Makua.The environmental law firm said U.S. District Judge Susan Oki Mollway gave the Army until April 15 to identify high-priority sites for clearing unexploded ordnance in order to increase access to cultural sites.Mollway also ruled the Army must provide a good-faith plan to clear the ordnance from the sites by July 15, it said.A message seeking comment from a U.S. Army Pacific spokesman wasn't immediately returned.Earthjustice said the Army had been required to expand access under a 2001 settlement with Malama Makua."We're glad the court will be holding the Army's feet to the fire to make sure it finally keeps its promises and expands opportunities for cultural access to Makua's sacred sites," said Malama Makua's president, Sparky Rodrigues."Without access to sites, we cannot connect with our ancestors, aumakua (family gods) and akua (gods)," he said. "The Army's failure to keep its word these past seven years has been like locking the door to our church."Earthjustice attorney David Henkin said the order reaffirms the Army is not above the law."Nearly seven years ago, the Army pledged it would move quickly to expand cultural access at Makua," he said. "Instead of honoring that pledge, the Army used every excuse it could concoct to keep native Hawaiian practitioners from the valley's sacred sites."We are hopeful that, with the firm guidance the court provided today, we will finally be able to work with the Army to fulfill the 2001 settlement's promise of restoring cultural life to Makua," Henkin said.Malama Makua sued the Army in 1998 to force it to complete an environmental impact statement before continuing to use the valley for live-fire training.A judge ruled in favor of the group, though soldiers and Marines were allowed to resume live-fire training after the Sept. 11, 2001, terrorist attacks to prepare for Afghanistan deployments.But the Army had to stop using the area again more than three years ago because it hadn't conducted the environmental study. It has been sending soldiers out of state for live-fire training while it finishes the report.
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