Families affected by the Red Hill fuel leaks and the U.S. government have made their closing arguments in federal court.
For two weeks, 17 “bellwether” families shared how they were affected after the 2021 leak from the Navy’s fuel tanks into its water system, which serves 93,000 people.
The families represent thousands of others and are suing the federal government and asking for financial compensation — ranging anywhere from $225,000 to $1.25 million — for their suffering.
The trial was also an opportunity for families who have wanted to share their stories in court.
They told U.S. District Judge Leslie Kobayashi about the physical, mental, emotional and financial troubles they and their families experienced during and following exposure to the jet fuel-contaminated water in their homes.
U.S. Army Major Amanda Feindt and her family were among those exposed to the contaminated water.
After this week’s closing arguments, she said in front of the federal courthouse, “We're asking the military to care. Stop with all the media charades, stop denying the community the opportunity of transparency, stop saying you care."
"Actions speak far louder than words. We have an opportunity today with this court case with this movement to put an end to it all. Do it because you actually care, not because you say you care,” she said.
The U.S. government, which has admitted responsibility for the leak, is arguing that the contaminated water is not enough to make the affected families sick.
Kristina Baehr, the attorney representing the bellwether families and thousands of others exposed to the contaminated water, noted that the case is the first water contamination case that has succeeded under the Federal Tort Claims Act.
Under the act, the federal government is a “self-insurer.” Federal employees can file a claim if they are injured or have their property damaged through negligent or wrongful acts of the U.S. government.
Baehr said the act is meant to prevent negligence and wrongful acts, as well as compensate those who were affected.
“You can't have deterrence without compensation. Our clients came not to punish but to protect their families, to protect the water, to protect this land, and ultimately to protect their country, because this is a patriotic exercise to hold the United States to account,” she said following closing arguments.
It's not clear when Kobayashi will issue a ruling. Attorneys on both sides have until around July to submit additional closing briefs and respond to them.
“I appreciate what you've gone through," Kobayashi told the plaintiffs in court Monday. “I hope at some point that wherever the decision lands that it gives you a sense that you've had your opportunity to speak your mind and represent your families.”
