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Appeals court rules against Stryker Brigade in Hawaii

Oct- 6-2006 » Filed Under: 2/25 SBCT

Associated Press

A federal appeals court said today the U.S. Army’s plan to create a 3,800-soldier Stryker Brigade in the islands violated environmental laws by not properly considering all alternatives — including creating the new brigade someplace other than Hawaii.

A three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals ruled 2-1 that the Army must now complete a supplemental analysis that would consider a variety of locations for the Stryker Brigade.

David Henkin, a lawyer for Earthjustice, which filed the lawsuit on behalf of three Native Hawaiian groups, said the ruling means the Army must stop all Stryker-specific construction and training in Hawaii.

The Army wouldn’t be able to resume the construction and training until another court decides what specific activities the Army would be permitted until it’s back in compliance with the law, Henkin said.

Henkin represents the Ilioulaokalani Coalition, Na Imi Pono and Kipuka. The three groups appealed the case last year, challenging an earlier district court ruling allowing the Army to go ahead with its plans to base a Stryker Brigade at Scholfield Barracks.

“This decision does not say that there cannot be a Stryker Brigade in Hawaii. It says ... that the Army’s decision to put the Stryker Brigade in Hawaii was illegal because it was uninformed,” Henkin said.

The Army did not immediately respond to a request for comment.


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