BWS Files Lawsuit Against the Navy for Damages to Water Supply

JULY 1, 2025, HONOLULU – Today, the Honolulu Board of Water Supply filed a federal lawsuit against the United States Navy following the Navy’s releases of petroleum and other hazardous chemicals into Oʻahu’s critical, sole source drinking water supply.  The Navy itself has acknowledged responsibility for the massive environmental and human health crisis caused by the November 2021 fuel release, but it has refused to accept responsibility for the costs that the BWS has and will incur to respond to the Navy’s contaminant releases.

Residents served by the Navy’s water system of Joint Base Pearl Harbor-Hickam suffered serious injuries from the November 2021 release, while the BWS’s ability to provide clean, safe, dependable water to Oʻahu residents was and is severely impacted. 

To protect against contamination of its own water sources, BWS made the difficult but necessary and reasonable decision nearly four (4) years ago, to shut down its Hālawa Shaft and the ʻAiea and Hālawa wells.  And, in keeping with its commitment to responsible stewardship of Oʻahu water sources, BWS 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, all in response to the Navy’s contaminant releases.

BWS past, ongoing, and future restoration, remediation and mitigation efforts are currently estimated to total approximately $1.2 billion.  BWS board members have a fiduciary responsibility to minimize the burden of these costs to the Oʻahu ratepayers and instead to continue to hold the Navy accountable for its failure to prevent or adequately and appropriately respond to the Navy’s contaminant releases and pay for the costs incurred and to be incurred by the BWS in responding to those releases.

BWS Recovery of Red Hill-Related Costs:
- News Release: BWS Files Lawsuit Against the Navy for Damages to Water Supply (07/01/2025) site link
- BWS Claim Document with Exhibits (07/01/2025) link to file
- Frequently Asked Questions site link
- BWS Files a Claim with the Navy under Federal Tort Claims Act (10-24-2023) site link
- Notification of Incident and Claim for Damages under FTCA (10-24-2023) link to file

Red Hill Timeline of Key Events

Frequently Asked Questions (PDF)

Updated as of 07/01/2025

Why did BWS take this action?

Litigation was a last resort and comes only after BWS’s filing of an administrative FTCA claim in October of 2023 which was denied by the Navy on January 10, 2025. BWS is obligated to take all reasonable, necessary, and responsible actions to protect Oʻahu’s critical sole source drinking water supply from contamination and to minimize the burden on Oʻahu water ratepayers for BWS’s past, current and future response, mitigation, restoration, and remediation costs incurred as a result of the Navy’s contamination of the drinking water supply and impact on BWS’s water sources.

 The statute of limitations for filing the complaint ends on July 10, 2025.

How did you come up with the $1.2 billion figure?

The Navy has caused BWS to incur significant past, ongoing, and future costs to respond to the Navy’s actual and threatened contaminant releases. To protect against and limit contamination of its own water sources, BWS made the difficult but necessary and reasonable decision to shut down the Hālawa Shaft and the ʻAiea and Hālawa wells. And, in keeping with its commitment to responsible stewardship of Oʻahu water sources and protection of those who use and consume BWS’s drinking water, BWS also implemented enhanced water quality testing, started planning for additional groundwater monitoring wells and development of replacement wells, and shifted to alternate water sources to make up for lost water supplies, all in response to the Navy’s contaminant releases. The cost to replace these wells and take other actions to respond to the Navy’s releases from Red Hill make up the total amount of damages the BWS is seeking to recover from the Navy in this litigation.

What happens next?

The BWS and its legal team will now follow the court process for these types of claims, which will be decided by a Federal Judge. There is no timetable for a final decision– we expect litigation to last at least a couple of years if not longer. We also anticipate there will be requests for information, documents, depositions, and motions for legal rulings.

How long will this matter take to resolve?

We do not have any timeline for when this matter will be resolved. However, we expect the legal proceedings to take at least two (2) years. We also anticipate there will be requests for information, documents, and depositions, as well as motions for legal rulings. A final decision from the judge and any potential appeals could take even longer.

How much does litigation of this nature cost?

Given the dynamic nature of litigation, it is not possible to provide an accurate estimate of the costs BWS will likely incur to resolve this dispute, especially since the Navy’s litigation conduct will significantly affect the litigation costs incurred by BWS. 

June 30, 2025 Special Meeting of the BWS Board of Directors

Page updated: 07/01/2025