Justice Department Defends the Navy’s Actions to Address a Fuel Release at Joint Base Pearl Harbor-Hickam in Hawaii

The U.S. District Court for the District of Hawaii earlier this week ruled that the U.S. Navy is not in violation of the Clean Water Act after it reviewed the Navy's response to fuel releases in 2020 and 2021 at Joint Base Pearl Harbor-Hickam on Oahu, Hawaii, and other substantial improvements the Navy has made in the fueling infrastructure and operations. The ruling follows a bench trial that was held earlier this year regarding claims that the Navy is in violation of the Clean Water Act at the Joint Base.

After fuel releases to Pearl Harbor and Hālawa Stream from two piers at the Joint Base in 2020 and 2021, the Navy identified the source of the releases and stopped them. The Navy made substantial repairs to the fueling infrastructure at the facility and improved fueling operations.

"We are pleased that the Court carefully and thoroughly reviewed the Navy's comprehensive response to the release of fuel into Pearl Harbor years ago," said Principal Deputy Assistant Attorney General Adam Gustafson of the Energy and Natural Resources Division (ENRD). "The Court's decision affirms that the Navy has taken action to protect human health and the environment consistent with both the law and the United States' appreciation for the waters of Hawaii."

After considering the testimony and evidence offered at trial, the Court held that the Navy demonstrated that any claim regarding Clean Water Act violations was moot in light of the Navy's response to the releases in 2020 and 2021. As the Court stated, "there is no reasonable likelihood that the Navy will release fuel from the Facility into [Pearl Harbor] or Hālawa Stream," and "it is absolutely clear" that any violations of the Clean Water Act cannot "reasonably be expected to occur."

Attorneys from ENRD's Environmental Defense Section handled the litigation.