‘Absolutely Reckless’: US Navy Blasted for Destroying Evidence in Hawaii Water Poisoning Case

An attorney for 300 individuals suing the US Navy has claimed the naval service was aware of legal obligations to preserve evidence tied to the 2021 accident at a fuel storage facility in Hawaii that contaminated local water supplies, stressing the branch is “not an unsophisticated party."

Lawyers for families seeking compensation for health issues caused by the 2021 Red Hill water crisis has sharply criticized Navy officials after it was revealed call logs and text messages were wiped from officers’ cellphones.

The complaint was made in a Tuesday court filing that’s part of an ongoing lawsuit being heard in the US District Court for Hawaii.

In the spring of 2022, data on the phone of Captain James "Gordie" Meyer, the former commander of Naval Facilities Engineering Systems Command in Hawaii, was wiped during what was described as a “tech support incident.” Captain Erik Spitzer, the former commander of Joint Base Pearl Harbor-Hickam also had his phone wiped upon his retirement in June of that year.

“The Navy knew that it had to preserve evidence, and it also knew who the key players were,” Kristina Baehr, a lawyer representing hundreds of individuals involved in the lawsuit, said in an interview with local media.

Along with attorneys Lyle Hosoda and Frederick Baker, Baehr is advocating an “adverse inference” from judges in the case, arguing the deletion of the messages itself constitutes evidence against the government defendants.

A 2021 mishap at the Navy’s underground Red Hill Bulk Fuel Storage Facility in Halawa, Hawaii, led to jet fuel contaminating the Navy's Oahu water system. The incident affected running water for servicemen and members of the general public in thousands of nearby homes.

The lawsuit alleges dire consequences for people who drank and bathed in the contaminated water, including burns, seizures, rashes, lesions, migraines, thyroid and gastrointestinal disorders, neurological issues, and various neurobehavioral problems.

Some say they continue to suffer consequences from the pollution years later. Hundreds of residents were forced to abandon their homes and seek temporary housing while the Navy cleaned up the mess.

Recently, the US Environmental Protection Agency solicited community feedback as part of an oversight committee designed to address the disaster. Two prominent Native Hawaiin activists were elected to positions on the board late last week.

“We should have had this two years ago,” said indigenous activist Healani Sonde Pale, criticizing the pace of the government’s response to the incident. Indigenous Hawaiians have long criticized environmental practices in the state since the US’ annexation of the island chain in 1898.

The US Navy’s Pacific Fleet conducted an investigation of the incident which resulted in sharp criticism of its handling by Meyer, among other figures. In March 2022, US Defense Secretary Lloyd Austin ordered the Red Hill site to be permanently shut down.

Incidents such as the Red Hill water crisis and the 2014 water crisis in Flint, Michigan, have brought attention to the issue of contaminated water supplies in the United States. At least 12 people were killed in the incident in Flint, with tens of thousands being exposed to dangerous levels of lead.

A study released by the US Geological Survey in July estimated that nearly half of US tap water is tainted with so-called “forever chemicals.” The health consequences of these substances are still being studied.