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~:m~i= Notice is filed with the Clerk zccording to ‘;nilecounsel for Plaintiffs do not believe the .-,.mx,..-- -..A-----..<:: z?is case, it is olarjudgment that later phases
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:.’Jle23 class ac=ion, b~cause it will involve a possible need Eoz z :!ulti-Diszzict?a.nelduring the later phases of discovery .a?.a aecauss gzou..xl=~s of communication and logistics among ZZ?SZX%YS aad 3s2e~dants spread over ten time zones from Sai?an :.zizcer0: t?.= litigation is Environmental Impact of the post Plai?.tiiifshereby advise the Court that they have It is szqgssted that if Defendants can agree upon
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-----.---.-~,~~~:<-+: ormation from Defendants as to other -.i::;z:icl:.“::?.iz>.?.zybe presently pending involving similar 3Z i<ezzi~~~ ~=c=,~aiissues or issues of law to those related c~~--z?ker counsel for both sides have had an-. z>~ori~:.nit,..:3 zsnvzss other districts will it be possible <~~:”:------- ~z~?lsns at the earliest possible date is warranted. Z23:.SL-d tizazs?ortationwithin the Trust Territory of the :3’::.ss: -zzc Fzzziss will inevitably require special handling &,::.5=~Zor Plaintiffs believe it wiseto identify ;2:--1:’:_a: ?zc5isz.sat this stage in order that they can be ~. Xiii Island, where most of the Plaintiffs and
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15 ?l?fic’~lt,bsi~g by Field Trip Ship from }fajuro, via .T~~,J:c, a trig 02 at lsast fo’..days’duration, on a basis of For s:<an.pie,at the present time, two 05 Plaintiffs’ r.oscim?orta2t witnesses for the hearing on the E!otionfor preli.qinar~~Injunckionl Lore Kessibuki, the Plagistrateof ths 3i!<iniCouncil and Tomaki Juda, one of the named ‘,;illcommence in November and continue through April or May. ?hus, it is necsssary that the Notion for Preliminary in.j’xctionbe heard at the earliest possible date in order ~i~ld ?ri? Ship to Kili before surf conditions become such that they ~wouldbe unable to return to their present homes Communication between Kili and the Y!arshalls a sitcatioa which obtains for all attorney client communication ‘D2~,<e2nCOUzS~l fcr plaintiffs at Majuro and all of the Bikini ?SO?LS exce?t faz those who live on Majuro. Th2 ra<io telephone communications are on open Clrzxits, xakizq confidential communication between counsel \70icecommunication between Majuro and either Saipan Jr elsswhsre in the world is cifficult to impossible and, ::33. Cables z:? transmitted over open circuits, again making
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..,.25--23’X.C??.rssCays a week. There is no plane on Sunday. Yflilesome of the named Plaintiffs and persons they ~.~szof t?,emetiers of the Bikini community read and write Sons O: the counsel for Plaintiffs is, at this 2 Leaticounsel, is ?resently learning the Marshallese language. .-.g?oiztxentof one or more official translators will Additionally, some expert testimony may come from .,,..-L=5=5~es ‘.<hossonly language or primary language is Japanese. ::hesubject xzttsr of this litigation involve nuclear testing +< its c3:32qu23ces. A related field of expertise is radiation -ax:-i-= ~-----..-, ~ield in which Japanese doctors and scientists are sx?srt anc to which.they have contributed a substantial body z: scient~fic rsssarch and literature. There may be need for :Za.-.sla:ionfxon Znglish to Japanese and vice versa as well as :hera nay be necessity or desirability for some -- z2Jie.- ?Iacs outside the District of Xawaii. For example,
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Obviously, the maximum possible cooperation among counsel and court ,::illbe reguired for this litigation to be s2ss:515 effozc =0 bz cooperayivz with the Court and with all c=har counsel at all times in order to avoid difficulties ~,=;m++ss-!-----..----a ~.oti~nfor Preliminary Injunction, in order to
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Saipan, Nariana Islands 96950 Cable Address: Microlex Cable Address: Covling Legal Aid Society of Hawaii Attorneys for Plaintiffs
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Micronesia Legal Services Corporation Saipan, Mariana Islands 96950 Cable Address: Microlex Cable Address: Covling Legal Aid Society of Hawaii
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FOR TEE DISTRICT OF ‘dAIATAI1 .e, the ?eo?le of Bikini, come before this Court as Plaintiffs :.:e-. as ?.ereditaryand elected leaders of Bikini, bring
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?-. The Court has jurisdiction of this action under the of ten thousand dollars, exclusive of interest and costs. Venue is ?roperly laid in in this district under 28 U.S.C. $1391. 3. All of us, the Plaintiffs, are citizens of the Trust are resitie~tsof the Marshall Islands District. All of us, Eurc’r.ezr.ore,vere residents of Bikini Atoll at the time of that atoll’s evacuation in 1946 prior to Operation Crossroads, the first of the Anerican ator,ictests in the Pacific, or are direct descendants of such residents. a. ?laintiff Bikini Council is the governing body of the Bikini corxunity. IIembershipin the Council is determined in accordance with our custom and tradition. b. Plaintiff Lore Kessibuki is a citizen of the Trust Tezritory of the Pacific Islands, a member of the Bikini community, e:<ec.~~ivsofficial of our community. plaintiff Kessibuki was bor3 on Sikini .4toll,in the Marshall Islands, in 1910. He was a resident of Bikini Atoll until his relocation therefrom in 1946 ?rior ZQ zhe Operation Crossroads nuclear tests. He now lives an Xiii Island in the Yarshall Islands.
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,, of CYhe~zcific Islands and a member of the Sikini --—-.._<-.,-.>--..-..-L,, lieb.olcsthe position of Scribe within our ~~~~nds in 1946 when the members of the Bikini cOmmunitY present ~z 3ikini Atoll were relocated from that atoll prior to the ~?zzzcign Crossroads nuclear tests. lieis presently living ‘i Plaintiff Jukia Jakeo is a cicizen of the Trust Territory “--+a2: _..-?acific Islands and a member of the Bikini community. He “:2s ‘ZOUI on Bikixi Atoll, in the l.larshallIslands. He was z,>Tz:~~i~:T?re~ent on Bikini Atoll were relocated therefrom no cie Operation Crossroads nuclear tests. He now resides -li-J-------island at Bikini Atoll. e. Plaintiff Toma!<i.Judais a citizen of the Trust ~zrr<:oy:?of the Pacific Islands and a member of our community. :-:~ ‘::?sborn on Bikini Atoll in 1940 and resident there until ?.i.szelocacion therefrom in 1946 prior to the Operation Czasszoads nuclear cescs. He now lives on Kili Island in the -. Plaintiff Jormea Leviticus is a citizen of the Trust Yezzitory of che ?acific Islands and a member of our community. Xe -.:=sbozn on 3ikini Atoll in the !larshallIslands in 1936 21’.izzs;ded there until his relocation therefrom in 1946 prior -_,2:5s Opsracioz Crossroads nuclear tests. From late 1972
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~-...,-.------sr::95 Z?.S?~cific Islands, and a member of our community. ‘-’=..-‘..,-~s‘so=,‘J?. s<ki~i Atoll in 1945 and resided there until .-:-..->=210ca:i3?. :hexefrcm in 1546 prior to the Operation Crossroads (next paragraph starts on
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-..:.-< --2----------..-.-“., and our claims are typical of the claims of the ~q=..---22. :,;~-,i:~l~d~~-~~telyand fairly protect the interests of ‘-.-=w..-2:LS5. ~~f~7.c2r-tshav~ acted, and refused to act, on grounds ZF.Z;.,<zfsx~~r.t~sz~ans is the principal exec’itlveofficial of ERDA. Ggc?. :r.?arr.z;~or.2X2 relief, he is a resident of Washington, D.C. >:..=.-..-een-,.:.jT.~+-.~5+<r~,~oAq--------- As Director of the Pacific Area
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,.-=-..--_-_,..??3F.cP.:~~’~er~.n$ntof the United States and is an exercise “$VSK=L1 Islznds District of the Trust Territory of the pacific.,.-. 7~-=-<_..-----5. AS District Administrator, defendant DeBrum is the principal e;<szczi-~eof’:icl?lin the government of the Marshal: Islands district. ~~??~~~xt De3z’uxl:Iasappointed to his position by the High Commissioner, -.~-..,sus,js~tto the s~pervision and direction of, and control by, the ,J, -,-..A3.. ~xx~issisr.zr,and serves at the pleasure of the High :c.-+ssi~zer. l)~f~nd?ntDeBrum is a citizen of the Trust ?e:?:?zry and a resident of Majuro .4to11in the Marshall Islands ~~ De?sn<ant Geyald R. Ford is the President of the United 5:2:2s. As ?residen?, defendant Ford is successor to former ai’i’lcial“,iithexecutive authority over all government agencies ?G-:ZlVSdIn the 3ikini resettlement program. In addltlon, defendant c--;;lelaWS a~d treaties of the United States, including the Ig ~ikir,i___ Atoll is located in the Rali,kChain of the ~4arshall
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which are judicially enforceable. ;ozzinuz t~ tie vested in such person or persons ,. ZZ5 shall 5= exercised An such manner and through ..:x..’ 22. ~z~s:~zz~ John F. Kennedy delegated to the Secretary of ‘ -,-=3 500 (LS5?-63 5onu.)...-..... Ssction 2 of this Order provides that ::::2’2s3-s2c>..2Z:i2ersor employees of the Department of the Interior, o?
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may direct or aucnorizs.ll As through 28 below, the Trust is governed and controlled by :.-. 2.. ----3 <---==-.2..-. The High Commissioner of the Trust Territory and 23. ‘1’b.eSsc~etary of the Interior has the ultimate responsi.billty :2.- ;?.szch:z:s;?ation of the Trust Territory. He is assisted by 24. Thz Sepz?txent of the Interior reviews the budget of.the a Deputy High CommissLoner2 and various The S??rstar;.’s? ~he Interior appoints the Deputy High Commissioner. The
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‘2’7th? ;Zc;l?. 0: the Trust Territory. Although it Cti ~nzzr~z~ retains ttisyower to impose legislation upon the people ‘
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fz,~;~~hzd :3CS since been eaten, along with the only fish that ,...,..,, czultibe przcwed, a small slightly poisonous butterfly fish. ~’In ?espczse to emergency messages, a doctor and emergency supplid’s” 33. XLLL Islandrs 230 acres are approximately one-sixth’<the
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there has been a \ -5:<, :>”e-::?:sEZZLZ the victims of serious food shortages, severe. -;. <~, 1944, a small group of Japanese soldlers manning--.,-=.lm.e------------
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,,-Y. 2: June 30, 1946, the United States, as part “of’’Operation -’-----”--~>isc:nezetiat Bikini Atoll a nuclear explosion Mown as
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-. ..3.7.-.5z.-.znnz’:7.2$2, L3 z letter to the Secretary of Defens --22_ of clearing the land
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::-.=.=4.W- -2--.=---=.-,,-------.= .----=---s.1,is a determination by the United States that, c? international peace and sbcurlty. The Department of Defense would assume primary re’spOnsi- ‘2. Atanic Energy Commission would provide g~idance-”: 53. X2 ?:~~ust1968 a group of our leaders was taken-~~ ...- 2:.s?%:;C.:?~tali, A photographic account of that Jr a few infrequent and brief inspection visits
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There are presently a number of our with other members of constructed forty houses future use. The actual ~ also known as Acme Construction
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and sand taken areas . Upon information recommendation was not Atomic Energy Commission -=<.--~-.--=-----L-u-,- i~lz~ti3? reef areas. Upon information and bellef, the tks Interior of recent radiological findings -==:---,-J.,=-.-.---“=_-_- ~::-$::,-5.adbecome more stringent since that time.
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~.~~.~z~z~??;:zzCD? the Department of the Interior.have this :<:~.~::’;r.te~?zte~lo3istlcs support capability. Since the =-..-F-*---.b=...-<-L2x5 ?z?IY response would be greatly appreciated.
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-....”--...--.4------ fn order to allow orderly planning. -~*--=-=s:i:r.~.-clinson.---.,..-- As we were proceeding with the
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:2s: ox :<2;?.:,visited the Director of Territorial Affzirs, -~2”------------..= :;~~ of”use and other damage as a result of this ::--~-o--.=:].-.q=----~-_------ brlsfing of any radiological survey .a-<..a-=x“-..A----~ z?? to date has told his people that Rongerik ~~:---:;T+:P,7~ ta :xsure the safe return of the Biklnians :-.2;:52??s:.-:2-.zone of the involved Departments has ......+-=+=<“..+~..-. z~?~’~z;elyfor this needed and highly warran assess the problems and to determine exactl’y; ??2252s ta ~e done and who is responsible for fund- =..----: ?Z?”i;r?zsnts..-a------ If agreement on budgeting and support ;3s:;::: 52 ~~essnt the problem to the Office of Manage!nent,’’~~..
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;___.... in the houses completed and planned for on . -- :’sisrell;’prescvi~sd limits. Among other items, we were told
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---- –..._._.=..~so? Rangslap Atoll have been examined ~-~ f?%q’u?ntinter’.:zlsby doctors under contract with the Atonic ~-=.-~-~co~-~.~~sicnsi~~e-----=~. their exposure to radioactive fallout from s.-.:: “3r3vo” Ic 195Q. We know of the recent death from leukemia of of which are 22. ‘:K?L12‘,;?z?e apprehensive over possible dangers from ,
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::.~~ Lz:DzT.2zi27.in a form that we can understand. 89. 4.swe rsntioned in pazagraph 65, supra, some members Of our ccmw.ity are presently residing on Bikini Island, Bikini Atoll. In light of the August 1975 reports, $5 79 and 80, supra g against permanent >-esidenceson Bikini Island, those Bikinians now living there mus~ receive special consideration and 90. Some of our people, approximately 30, went to Bikini about 1959 to work in the resettlement program. BY 1972, three f.zmilieswho were especially ar.xiousto go back were permitted to resettle on Bikini Island by ;?z defendants. Since 1972.there have been a total of approximately 75 of our people, ....-’...-.,. living on the same Bikini Island which the defendants”” now say should~ot be used for parmanent residences. .. but who ~ave subsequently moved to other islands or atol~s in the The resettlement of Bi!<iniAtoll is an ongoing ~jor fkderal :;.4action significantly affecting the quality of the human environment. ~e rnnner in which the progrz,r,is conducted will have signific~t,,. effects on our health and safezy and, perhaps, our very lives. ,,The i> T7MCIIthe program is conducted will also have signif effects on the health, safety and, perhaps, lives of generations of 3ikinizr.sas yet unborn. In addition, the manner in which’the “:pon our social structure zzd living patterns.
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;Zograr.. T?-aE5ELL investigation, assessment, and report IIUSC in. ~~u+ (1) m 2ssessK2ent, with the best technological means available, 05 tie zzi;alc~ical safety of habitation of the various islands of risks to those members of our community now residing on Bikini Island in 3ikini Atoll; and (3) a comprehensive, detailed, and specific ~.asterplan to ensure reasonable economic self-sufficiency for us upon our resettlement of Bikini Atoll, all as alleged with greater particularity in paragraphs 98~110 infra. The substantive content of that envi~omaer.talimpact statement as well as preliminary or: dzafc envirarxental inpzct statemenumust be made known to;us’in a obli~ation z~ consi2er that environmental impact, as expressed in a ~etailed statenent, during the decision-making process wiih respect to the resecclement of”Bikini Atoll. # 93. No detailed environmental impact statement on ~he’’resettleany final enviroruoentalimpact statement been”considered..y the defendants with respec~ to this program. L and implementation of the resettlement of 3ikir.iAZD1l has been carried on, and continues to be:carried on, by defendants without reference to any final environmental im-. ..> pact statement. At an interagency meeting in Washington,:lD;C: on Septeraber 1S, 1975, our counsel were informed by representatives oi tke De?artr.entof the Interior, the Department of Defense,’andckleEnergy Research and Development Administration that none of.those intention to prepare an environmental impact
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