ELR Citation: 55 ELR 20139
No(s). 22-00272 LEK-RT (D. Haw. Sep 29, 2025) (Kobayashi, J.)

A district court denied summary judgment for the Navy in a CWA citizen suit concerning the release of fuel into bodies of freshwater on the island of Oahu. Environmental groups sued, arguing the Navy's operation of a bulk fuel storage facility had and would continue to discharge pollutants from point sources into waters of the United States without the required permits. The Navy moved for summary judgment, arguing the groups had not identified evidence that there was an ongoing discharge or that the Navy had failed to remedy releases while the suit was pending. The court found there were genuine issues of material fact as to whether prior intermittent discharges at the facility were reasonably likely to recur. It denied the motion.