Navy faces $1.2 billion lawsuit from Honolulu over water contamination

The Honolulu Board of Water Supply (BWS) on Tuesday filed a federal lawsuit against the U.S. Navy, seeking more than $1 billion after the military branch released petroleum and other hazardous chemicals into Oʻahu, Hawaii’s sole source of drinking water.

During the incident, 27,000 gallons of toxic jet fuel stored in miles of underground tunnels leaked into the aquifer near Joint Base Pearl Harbor-Hickam, affecting 93,000 people living near the military’s strategic fuel storage facility, Red Hill.

The Navy acknowledged responsibility for the environmental and human health crisis caused by the November 2021 jet fuel release, though the board alleges it has refused to accept responsibility for the $1.2 billion the BWS will incur to respond to the Navy’s contaminant releases.

Thousands of gallons of jet fuel leaked into Oahu residents’ water supply. (Daniel Slim/AFP via Getty Images)

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Residents served by the Navy’s water system allegedly suffered serious injuries from the incident, and the BWS claimed its ability to provide clean, safe, dependable water to Oʻahu residents continues to be severely impacted, according to a statement from BWS.

Fox News Digital previously reported that some residents continue to suffer long-term symptoms, including Parkinson’s disease and seizures.

To protect against contamination of its own water sources following the spill, BWS shut down its Hālawa Shaft and the ʻAiea and Hālawa wells. 

It also implemented enhanced water quality testing, started planning for additional groundwater monitoring wells, and shifted to alternate water sources to make up for lost water supplies.

Timeline of key Red Hill fuel spill events. (Honolulu Board of Water Supply)

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The BWS, a semi-autonomous agency of the City and County of Honolulu, estimates the total cost of restoration, remediation and mitigation efforts at $1.2 billion.  

Board members said they “have a fiduciary responsibility to minimize the burden of these costs to the Oʻahu ratepayers,” and will hold the Navy accountable for its failure to prevent or appropriately respond to the contaminant releases, according to a statement.

The BWS told Fox News Digital the suit comes after an administrative Federal Tort Claims Act claim filed in October 2023 was denied by the Navy on Jan. 10 of this year. 

The statute of limitations for filing the complaint ends on July 10.

A warning sign posted at one of the entrance gates to Red Hill in Honolulu, HI on December 11, 2021.  (Getty Images)

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“This is not an issue that will be solved quickly or cheaply,” said BWS manager and chief engineer Ernest Lau. “Every action must be taken to protect the purity of Oʻahu’s water, and it is only right that the Navy assume financial responsibility for its actions that put water purity and safety of everyone on Oʻahu at risk and caused harm to the BWS.”

BWS board chair Nāʻālehu Anthony, added litigation was the board’s “last resort.”

“Litigation was our last resort and comes after months of futile negotiation with the Navy, an attempt to recover costs administratively under the Federal Tort Claims Act (FTCA) and the Navy’s refusal to pay for any of the costs incurred by BWS, even while the Navy has publicly acknowledged its responsibility for this disaster and subsequent contaminant releases,” Anthony said. “Our steadfast commitment to the protection of the purity of Oʻahu’s water resources, and our obligation to our ratepayers for responsible fiscal management compelled us to take this action.”

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As the largest water utility in Hawaii, the BWS serves about 1 million customers on O’ahu.

In May, a federal judge awarded nearly $700,000 to more than a dozen families who claimed they got sick after the fuel leaked into the Navy drinking water system, according to a report from the Associated Press. More than 7,500 other military family members have pending lawsuits.

The Navy did not immediately respond to Fox News Digital’s request for comment.

Fox News’ Liz Friden, Jennifer Griffin, Emma Goldkopf, and the Associated Press contributed to this report.