HONOLULU — The Board of Water Supply and Department of Health have criticized the U.S. Navy’s decision to appeal the Department of Health emergency order in federal and state court. 

What You Need To Know

  • The Board of Water Supply said it is “extremely disappointed” with the Navy’s decision to appeal

  • The Department of Health said the “appeal demonstrates that the Navy is unwilling to do what’s right to protect the people of Hawaii and its own service members”

  • The Department of Health vowed to continue its fight in court in order to enforce the emergency order that says the Red Hill fuel tanks must be drained

On Wednesday, the U.S. Navy filed an appeal in state and federal court to in order to continue to fight against the Department of Health’s emergency order that mandates the draining of the Red Hill Bulk Fuel Storage Facility.

The Navy fought the order in a contested case hearing held on Dec. 20 and 21. The state upheld the order on Jan. 3 after a contested case hearing.

The Board of Water Supply issued a statement Thursday that said it was “extremely disappointed” with the decision to appeal. 

“After repeatedly assuring legislators, regulators, and the public that it would comply with the emergency order and defuel the tanks, the Navy’s decision to appeal underscores the reality that the Navy and Department of Defense gives priority to storing fuel above a drinking water aquifer rather than the health and safety of the people of Oahu,” said the Board of Water Supply in its statement. 

The Hawaii Department of Health said Wednesday in a statement issued by Deputy Director of Environmental Health Kathleen Ho that “this appeal demonstrates that the Navy is unwilling to do what’s right to protect the people of Hawaii and its own service members.”

“Despite the Navy claiming time and again that it would comply with the DOH emergency order, its actions consistently prove otherwise,” Ho said.

She also vowed to continue to fight “to protect Hawaii residents and our environment.” 

The emergency order was issued on Dec. 6 after fuel leaked from the Red Hill Storage Facilities and petroleum levels within the Navy’s Red Hill Shaft were shown to be much higher than safe levels. 

After the Department of Health's final ruling, the Navy was required to come up with a plan within 30 days to safely drain the tanks. Instead, the Navy filed its appeal on the last day that it could do so. 

Rear Adm. Blake Converse of the U.S. Pacific Fleet said at a congressional hearing on Jan. 11 that the Navy would comply with the order, but it remained unclear if they would still pursue legal action.