A federal court in Hawaii ruled this week that the U.S. Navy is not in violation of the Clean Water Act at Joint Base Pearl Harbor-Hickam on Oahu, according to the U.S. Department of Justice. The ruling came from the U.S. District Court for the District of Hawaii.
The case concerned fuel releases into Pearl Harbor and Hālawa Stream from two piers at the Joint Base in 2020 and 2021. The Justice Department said the court reviewed the Navy’s response to those releases and other improvements to its fueling infrastructure and operations. The ruling followed a bench trial, a trial decided by a judge without a jury, held earlier this year on claims that the Navy was violating the Clean Water Act at the Joint Base.
According to the Justice Department, the Navy identified the source of the releases after they occurred and stopped them. It said the Navy made substantial repairs to the fueling infrastructure at the facility and improved fueling operations.
After considering testimony and evidence at trial, the court held that the Navy showed any claim of Clean Water Act violations was moot. A claim is moot when events have made it no longer a live legal dispute. The Justice Department said the court based that finding on the Navy’s response to the 2020 and 2021 releases.
The department quoted the court as saying “there is no reasonable likelihood that the Navy will release fuel from the Facility into [Pearl Harbor] or Hālawa Stream.” It also quoted the court as saying “it is absolutely clear” that violations of the Clean Water Act cannot “reasonably be expected to occur.”
Principal Deputy Assistant Attorney General Adam Gustafson of the department’s Energy and Natural Resources Division said the department was pleased with the decision. He said the court “carefully and thoroughly” reviewed the Navy’s response. He said the decision affirms that the Navy has taken action to protect human health and the environment.
Attorneys from the division’s Environmental Defense Section handled the litigation for the Justice Department.
The Justice Department’s announcement did not name the parties who brought the claims. It also did not give the date of the ruling beyond “earlier this week,” and it did not say whether an appeal is possible.