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IX HZ UNITED STATES DISTRICT COURT FOR TIE DISTRICT OF HAWAII ?!o=~onPlaintiffs request that this Court injunctive relief pursuant ta Rule 65, s“m~ort for the preliminary injunction are 2tC2ched to ti.isnotion and incorporated herein by reference. +.7iniex to the affidavits, listing the= by aut~or and subjecz z.zzter, follows the signature page of this riocion. BEST AVAIMBLE COPY Onthe b2sis of the facts set forth in the Verified Coqlaint and in chz affidavits attached, we Respectfully submit that pe~-a?.z>tand irreparable injury is taking plsce now and t~illconcizue to take place unless this Court grants this notion for preliminary injunction and orders prelimina~y injunctive relief zs set forth below. The Piainzi--rrs hereby seek the following preliminary The principal means of transportation within the
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Narshall Islands consists of field trip ships operated by the Division of Transportation of the Trust Territory Government or privately operated ships, subject to the regulatory authority of the Trust Territory Government. During the past several years approximately 75 people, members of the Bikini community, have taken residence in some of the 40 concrete houses most of them Bikini Island, Bikini Atoll. The field trip ships and other ships subject to Trust Territory Government regulations “continue to provide a means of access to Bikini Atoll. Statements of representz~ives of the United States Atomic E~ergy Cornission (@C) and United States Energy Research and Development Administration (ERDA) have given the People of Bikini a basis to believe return to Bikini Atoll is a safe thing for then to do. In other words, “ Defendants have collectively acted to create a presently existing situation in which some members of the Bikini People may go to Bikini for the purpose-of permanent residence there. BESTAVAIUBLE COPY Completion of a valid radiological survey of Bikini Atoll may show that permanent residence in the Atoll is not acceptable on any practical basis, or completion of such a survey may show that residence on 3ikini Atoll must be made subject to conditions not presently known. Thus, any person who now goes to Bikini may face a need for relocation upon completion of a radiological survey. Irreparable injury nay ensue from either the need for relocation or fzom raiiacion exposure incurred while Bik+i Island, or both. To prevent such irreparable injury, this Court
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tion providing that the Defendants nust prevent anyone fron using the means of transportation presently available to take up pernanent residence at Bikini except under such conditions as the Court may order. - The Court should not pemit any person to take up permanent residence at Bikini Atoll unless that person is fully apprised of the potential risks which attentisuch a relocation, with that advice to be given in ?!arsh.alleseif the person does not read or understand English, and with further condition that the Defendants, particularly E!UA, should agree to bear the expense of all future needs with regard to health care, shelter and ~utrition, and anY nece~- Sary further zelocat50n, of Eny person who, no~it~standix% advice as to risks, nay, nevertheless, decide to return to II. CO?THNGE};CYPL\XXIXG FOR RELOCATION OF PRESEI?T BIKINI Completion of a valid radiological survey with . . regard to Bikini Atoll may ~-ell show, on the basis of the preliminary results of the 1975 survey, that perrzne>t residence on Bikini Island is unacceptably risky, no matt=~ what precautions are taks~. Alternatively, such a survey auay reveal that risks may be mini=ized by the taking of additional precautions not presently recomendsci. That Information ~ay be availa51e within a matter of Says after consideration of pzobable patterns of life styl”eo: persozs expected to live on Bikini Atoll. In the event the infer.zzion
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obtained f:oa such a survey does indicate a need for relocation of c~e ?ezsans presently living on Bikini Atoll, that relocecion shoul? not await further months of study and plarning. ConcinSency planning for the possible need for furt~sr relocation of the present Sikini Island residents should be unc!erca~<enirnnediately in order to prevent further irre?arzble injury to them by way of additional radiation exposure. Tais Court should order the Defendants to subnit such a contingency plan within sixty days after entry of the III. REQCIRKNT FOR INFORMATION IN KARSHALLESE AS While nest of the People of Bikini do not underszza6 the Ex~15sh language, virtually all are well on the pare of the People of Bikini to accept the risks of nove~ent to Bikini has been based on the failure on the pazt of Defendants to furnish them with scientific informatiofi knohm to Defendants. Ultimately, ir is the Bikini People, ‘not the Defendants who must make the decisions as to wheze they wL1l live. They can only participate in those decisions on a meaningful 52sis if they are furnished necessary info~ation in their own language. So long as information known to Defendants is wir?ineldfrom the People of Bikini by means of failure tc translate it into Marshallese, the People of Bikini =ill conrinue to be irreparably injured by their ~o~~cHIV= inability zo ?articL?ate in making decisions which affecr then. The Cocrt should order Defendants to furnis”hall further the Radiological Survey Report, Environmental Ir.pact Scatemenc
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Iv. I:EZDIATE EX.YIIXATIO:~OF PERSONS WHO HAVE BEEN PLACED AT RISK August 12, 196S xas the date of inception of the Bikini Resettlement. On chat date President L>mdon B. Johnson announced the availability of Bikini J.tollfor return to the Bikini People. Verified Co&lai~t 5 60. In a press rele2se on t32 sane <ate AEC deemed its ohm role in the decision to initiate zhe Resettlement “greatly satisfying’”. taneously announczt by >XC and the Presitient,xas based on a and m evaluation o? the zesults of that surve:rby an Ad Hoc Cornitcee, Post OS -.;hose=z=bers had active >.EC ties at the of the Ad As a result of che 1967 survey and t~e 1968 re?orc Y.ocCoz=iZZee, tke Bikini Resettlement was begun, leading eve~t~uzlly to clezx-up of debris and scztibvegetation on the islands of 5ikini and Eneu, replanting of Bikini and of Phase I Housing (corisiscing of 40 houses) cz 3ikini Island. People of Bikini, were used for Aftez construction of the ?hase the fanily of including so=e metiers of tke the work on Bikini Island. I Housing. several Bikini to Bikini Island, including one of the Plaintiffs in this action. BEST AVAILABLE COPY DOEARCHIVES Islsnd and perha?s as mar:: as 100 to 150 people have been placed at risk as a resulz of their presence on 3i?iini Island,
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exieznal ga=a radia~ion, for substantial periods of time. As sho~n by his affidavit, and his faaily aze aaong those who have been exposed to high radiation on 3ikini Island over substantial time. >leanwhile, for reasons nade clear in his affidavit, he and others similarly situated, have experienced a total loss of confidence in health care ~onitoring offered first by AEC and nov’ by ERDA, under the direction of Dr. Robert Conard. Dr. Conard is a neaber of the staff of the Broo’&havenUational Laboratory at Upton, L.I., New York. Brookh.avenwas fomerly an XC institution and is now associated with ~c’s successor Clearly and others similarly sitcated are ent~tled to immediate examination of the type pra:zed for in the Verified Complaint. It is equally clear that whatever Dr. Conard’s credentials may be, and others si=ilarly situated have no confidence in his concern for their wellbeing. In order. that the Bikini “People nay have confidence in the results of whatever evaluation is ~de of those who have been placed at risk, the evaluation must be nzde by scientific personnel independent of either AEC or ERDA as to whose selection the People of Bikini have had some meaningful role.BESTAVAIU6LE COPY This Court should order that scientific evaluation of the type grayed for in the Verified Complaint be made immediately available to and his family and all of the ?ezsons who now reside on Bikini Island and to all other persons b-hohave been on Eiliini Islanc?for substantial
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?eziods of tire, wirh a requirement that ERDA fx~ish technical assistance antifacilities for the examinations ‘,:+.ichmust be Dade, includ~~~ its vessel Liktanur. EP.DAskoulc be ordered to contract with t5e scientific personnel appro-~stiby the Couz: to carry otictke exa~inations and, where izdicated, Arrangements for these examinations sh~uld be inplenen~ed with =uxirma possible speed in orcier chat such treatnent as may be indics~ed of the exposed pe:sms can be coC.ence6 as soon 2s possYole. The Court should order ERDA to coxtracc with sciezt%fic personnel to r.2’ke:52 examinations in not zore tha~.five dzys after che date of t?% sntry of the ?relizinary injmct~on order and should oztiez that the vessel Lilirznurdspzr: fron’its base at R.Jajele~? Atoll Eor of’ the preliminary injunction. The Court SEOUL< Surther carrying o-utexanir.at:ons of the persons at 3Ll<L:.iIsland as charged with res?or.sibility for administration OE the Trust ever, h2s no funcz:~>al nzed to cormunicaze on =: official basis with any of zne c~~izens of the Trusz 7ezzizory. ~OE@~Iv=
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ERDA with the ?eo?le of ?3ikinihas been the cause of much of the da=ge alrea~:ldane to the Bikini cozzaunicy. For exaz?le, it was AEC’S recommendation that the People =igh: go ‘02c:kto Bikini Island without appreciable risk of ex?osure to radiation which lead to willingness on the part of BLkineans, such as to actually take their ianilies and retun to Bikini. By August .md September, 1975, corcnunicationfron differeat agencies o.r the United States Government to the At the sane tize a representative of 5RJ)Auas at “safe” and that he ~-ouldhimself have no reservation about livixg there, the Zleaartmentof Interior was announc~ng offizizlly in l<ashi?~ton that the further P.esettlerentof Bikini Island nus.t be stopped because of the apparent risks of radiation based on the August 197 preliminary reports by For the People of Bikini, who have heard these conflicting statements only in spoken form, in English translated into >Iarshallese,without opportmity to review the u.nderly%ng scientific or technical docunents in ~heir own language, thz result has been confusion and heartbreak. Py their own terms, the August 1975 ERDA documents are so preli=inzz:~ in nature that expression of conclusions as to safety of 3ik5ai Island is not warranted. The documents themselves sza:e that many tests have yet to bs completed, includ~n~ such vitally important tests as chac of radioactivity OS gzacnd water at Eneu Island. Yhe People of Bikini have a strong desira to
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rezuzn to their So=elznd if that is possible. Particularly anoag the older peo?le, for +orn the past thirty years have been an exile, the desire to go hone is overpowering. Until co=?lecion of a valid radiological survey and analysis of it znd who have been at ris’~, there is any real need completion of exaninatioils of those there will not be any point at which for the People of Bikini to hear from ERDA . Promises of z Resettlement by AEC and EXDJ.hs-venot been fulfilled and, clezrly, ars not going to be fulfilled Further co=.ur.icationby ERDA to the Peo?le of Biki~i is likely, az t?~s point, only to further confuse the process :hey must go t?x~ugh of evaluating the risks they In order co ~zc%lizate the orderly transmission of subszanzial bodies of technical information to the ?eople of ants except the Depar:~.e~.tof Interior and the Trust Territory Government fron official cormzunication with the People of Bikini except for such cozzmnication as has either specific. Court approval or t>e coxssnt of ?laintiffs and tksir counsel. 1973, at a cost of xore than $3,000,000 sets a nin:zmm standard for the quality of cax?rehensive radiological sur~veywinich must be pe:fo=ed with re~az~ to Bikini Atoll in order to make it wish co ex?ose themselves to the risk of radiation at their
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As shown by the Verified Complaint, all of the agency Defendants are agreed that the radiological survey performed thus fzz at Bikini is inadequate to the need for information, on the part of not only the Bikini People, but also the Defendant agencies. It is clear that compliance with the National Environmental Policy Act (NEPA) can only be attained by first completing a valid aerial radiological survey, then analyzing the data from the survey as well as the data fron evaluation of persons who have been exposed to radiation on Without completion of an aerial radiological survey, there cannot ever be hZ?.4 compliance. Furthermore, so long as a radiological survey is not conpleted, the People of Bikini are ?recluded from making any decisions as to where they will live or what will be their f~ture. Irreparable injary is thus ongoir.g so long as the inforaat<o~ to be gained from a survey is unavailable. Obviously, the survey is not going to be co=?leted unless it is, at some point, begun. ERDA itself expressed a willingness to start a radiological survey in .4pril1975. ment of Defense provide helicopters necessary to such a survey. Tine Department of Defense did not bother to reply to the Y:arch 1975 request from Department of the Interior for helicopter support until Ilay 29, 1975, almost three lnonths larer. As y~ 76-79 of the Verified Cortplaintshow, letters from one cabinet officer to anothe: went all the way around the horn from ERDA to Interior to Defense and backp-. again but no helicopters were provitied and no aerial radiological
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s“aviey :<ascondEcte3. All parties concede the need for a survey. until the survey has started, irreparable harm will continue and there will be a continuing failuzz co begin This Courz stiouldorder the several goverm~ent agency Defendants to qui: passing the buck and get on with the job 05 completing an aerial radiological survey of Bikini antisuch other ::ozihern l.!a=shall’sAtolls as are necesszr:~ to draw valid conclusions as to the risks of radiatiox posei by the Bikini Resettler.entand so that the irre?2rz51.einjury to which the People of 3i!<Lnihave been su5ject5< can come to an end at che earliest possible date and so c?..2calJ.of che agency Defendants can cone into It is reoueszeti that this Court oraer the several surveillzxce no latez tkzz 30 days after the date the preliminary ifijunctioxis issued and order that tke aerial radiological survey be co=?leted no later than 120 days after tie sate of the Court’s order. As stated abovs, the People of Bikini have utterly lost fa:c> in the conclusions which have been expressed to then by Sirst AEC then E?LA. They cannot ~a.!<etiecisions with ‘.JS<Ck;hey, as a co~unicy, are satisfiei, unless they decisions aust be based. Fuzthemore , cozpliaace ‘.:ithNEPA requires an ability for analysis of technical ti2:a independent
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fro= persons responsible for operational levels of a~ency Therefore, this Court should order that ERDA conzract vith a panel of competenc scientific personnel approved by the Court for the purpose of analysis and evaluation of the data produced by aerial radiological. As the aerial radiological survey will probably require a mininum of 60 days for completion, after the date the helicopters are on site, the Court has several months within which to review with che parties cke selection of a panel for analysis of the data produced by the surveillance. ERDA should be required co contract with independent experts approved by the Court no later than 60 days after the date of eatry of the prelin~nary injunction for 2nalysis of the dat~ produced by the surveillance. BEST AVAILABLE COPY VIiI. …
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