FOLLOW US

In an unfolding drama worthy of a Hollywood script, a Honolulu-based insurer, DTRIC Insurance Co. Ltd., and TD Food Group Inc., operators of Taco Bell and Pizza Hut, have thrown down the legal gauntlet in a federal court in Hawaii. Their formidable opponent? The United States government itself, in a gripping narrative of negligence, nuisance, and a fight for justice.

This legal battle, stemming from the Red Hill Bulk Fuel Storage Facility's disastrous fuel leaks in 2021, has ensnared the U.S. under the Federal Tort Claims Act. The contention? That the U.S., in a similar vein to any private entity causing such an environmental debacle, must bear the financial brunt of its actions.

US Must Cover Hawaii Fuel Leak Payment : Unleashing a Toxic Torrent

The plot thickens at the Red Hill facility, a mammoth 250-million gallon military stronghold operated by the Department of the Navy. It was here that the story's villains – a ruptured pipe joint and a wayward Navy-operated train cart – unleashed a torrent of jet fuel and contaminants into Oahu's water supply. This eco-thriller's backdrop? None other than Joint Base Pearl Harbor-Hickam.

In a twist of fate, nearly 93,000 unsuspecting users of the Navy water system found themselves in the midst of a contaminated water crisis, as reported by the U.S. Environmental Protection Agency.

From Fast Food to Fast Action

Enter TD Food Group, the guardian of popular fast-food havens Taco Bell and Pizza Hut. Operating at the heart of the drama at the Navy Exchange Center and Moanalua Shopping Center, they faced an unprecedented shutdown in November 2021. The shutdown, lasting until March 2022, was not just a pause in business but a financial nightmare.

Rising from the ashes, TD Food Group sought salvation through their insurance policy with DTRIC, which nobly paid out $559,000 in claims, though not without TD Food Group first shouldering a $24,000 deductible.

US Must Cover Hawaii Fuel Leak Payment : The Legal Tides Turn

In a bold move, DTRIC and TD Food Group took their plight to the Office of the Judge Advocate General in June 2022, only to be met with silence from the U.S. government. Now, DTRIC stands as the champion of TD Food Group, vowing to reclaim the payment made to them, while TD Food Group seeks to recover its deductible.

Their allegations? That the U.S. flagrantly breached its duty of care in maintaining the Red Hill facility, creating a nuisance so severe it would disturb any reasonable person or business.

A Decision on the Horizon

As the case unfolds, the U.S. Department of Defense, perhaps sensing the tide turning, announced plans in March 2022 to defuel and permanently close the Red Hill facility, with over 103 million gallons already defueled.

The representatives of the parties are shrouded in mystery, with no immediate response to requests for comment. The legal warriors for DTRIC and TD are James V. Myhre and Brent K. Wilson of Myhre & Storm, while the counsel for the U.S. remains an enigma.

As this legal odyssey continues, the world watches, awaiting the next thrilling chapter in this saga of accountability and environmental justice.