The U.S. Navy said Monday it would appeal the Department of Health’s emergency order to drain the Red Hill fuel tanks. The order was upheld earlier this month by the state after a contested case hearing.

What You Need To Know

  • The Deputy Secretary of Defense said they planned to file an appeal in both federal and state court by the deadline

  • Dr. Kathleen Hicks said the Navy would suspend operations of fuel transfers at Red Hill, implement testing and sampling protocols and install new equipment to treat and protect the water

  • Navy officials said previously they would comply, but questions remained about whether they might pursue legal action

  • The Department of Health issued a statement in response, saying it was disappointed with the Navy and would continue to fight in court to force the Navy to render the Red Hill Storage Facility safe

The announcement comes as the deadline to file an appeal approaches on Feb. 2.

The Deputy Secretary of Defense Dr. Kathleen Hicks made a statement on Monday, saying that the Navy planned to file an appeal in both federal and state court by the deadline. 

“This will afford us time to make evidence-based and transparent decisions,” said Hicks in the statement. “Despite these legal process requirements, we hope to collaborate with the State of Hawaii in a way that would allow the parties the time and space needed to reach solutions together. We proposed options for how this might work in an effort to find a mutually agreeable path forward, and we look forward to continuing our dialogue with the Governor, the Attorney General and the Hawaii Department of Health.”

Hicks said she met with Hawaii Gov. David Ige. She also said that they would suspend operations of fuel transfers at Red Hill, implement testing and sampling protocols and install new equipment to treat and protect the water.  

On Monday, the Hawaii Department of Health said in a statement that they "are very disappointed that the Navy continues to fight DOH's emergency order to defuel the Red Hill tanks. The Navy committed to Congress and in multiple public forums that it would comply with the emergency order. Today's announcement that they intend to appeal the emergency order is yet another breach of trust between the Navy and the people of Hawaii."

"We will continue our fight in court to force the Navy to render the Red Hill facility safe," the DOH added. 

The Department of Health issued an Emergency Order on Dec. 7 that said the Navy must drain the 20 fuel tanks at the Navy’s Red Hill Storage Facility, suspend operations at Red Hill and take measures to treat contaminated drinking water. 

The emergency order came after fuel leaked from the Red Hill Storage Facilities and it was confirmed that petroleum levels within the Navy’s Red Hill Shaft were much higher than safe levels. Residents who use the Navy’s water system also reported becoming sick after drinking and bathing in the water. 

The Navy fought the order in a contested case hearing held on Dec. 20 and 21. The Department of Health’s Deputy Director issued a final ruling on Jan. 3 that upheld the Emergency Order. 

The Navy was required to come up with a plan within 30 days to safely drain the tanks. The emergency order allows the Navy to refuel the tanks when the state says that they can be safely operated. 

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

Hawaii Rep. Ed Case questioned Converse at the congressional hearing about whether the Navy would acknowledge that the state had the authority to enforce the order.

“I would ask for a specific confirmation from them that the State of Hawaii has the legal authority to implement and enforce its emergency order,” Case said. 

“I would strongly urge the Navy and the Department of Defense … to confirm that the state of Hawaii does in fact have this authority. That’s my strong advice to you,” he added.