A federal judge expressed reservations yesterday about granting the Army's request to modify a 2001 court-sanctioned agreement to resume live-fire training at Makua Valley.

The lawyer for the Army warned that Schofield Barracks troops are being deployed to Iraq this summer and casualties in the 25th Infantry Division (Light) will be higher without the training.

But the attorney for Malama Makua argued that the Army has other locations to train troops and U.S. District Judge Susan Oki Mollway told the lawyers she wasn't sure what changed since 2001 to require the modification.

At the time, the Army knew it had to prepare for war, she said.

Mollway said she plans to rule by the end of next week.

A federal judge said she is inclined to reject the U.S. Army's request to amend a 2001 agreement that prohibits live-fire training at Makua Valley until a federally mandated environmental impact statement is completed.

U.S. District Judge Susan Mollway said she will defer to the Army to decide when, where and which of its units need training, but she needs to enforce the law.

"Deference to the Army shouldn't be confused with letting the Army violate environmental laws that Congress requires us to follow," she told the parties yesterday.
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Considered sacred to native Hawaiians, Makua, which means "parents" in Hawaiian, is home to more than 100 identified archaeological and cultural sites, including heiau, Hawaiian burials and petroglyphs. It is also the habitat of the endangered Oahu elepaio bird and endangered plant species.