A federal judge has tossed out a lawsuit that challenged alleged state secrecy in negotiations to settle a $2.8 million fine against O'ahu's main garbage dump.

U.S. District Judge Susan Oki Mollway ruled Wednesday that the plaintiffs lacked a legal basis to make the claim and had not specified how federal laws would be violated if they were prevented from joining such settlement talks.

The ruling does not necessarily clear the way for a quick settlement to the fine, which the state Health Department levied more than one year ago in response to numerous environmental violations at the Waimanalo Gulch Sanitary Landfill.

And the plaintiffs' attorney said he planned to refile an amended lawsuit soon.

Larry Lau, deputy director for environmental health, said the state is not currently trying to settle the fine.

"We're not negotiating, and we have no immediate plans," he said. "I think we'll just have to evaluate things."

The dump is owned by the City and County of Honolulu and run by Waste Management of Hawai'i.

The lawsuit was filed against Health Department director Dr. Chiyome Fukino by environmental activist Carroll Cox, former dump manager Joseph Hernandez and state environmental engineer Gary Siu, one of Lau's subordinates.

Mollway ruled that the complaint "fails to identify any right of participation under the Resource Conservation and Recovery Act or the Clean Water Act," and therefore failed to allege a specific injury that would provide the plaintiffs with legal standing for their claim.

She allowed the plaintiffs to refile a more specific complaint, however.

Their attorney, Michael Ostendorp, called the ruling "a technical problem" with a bright side.

"To us, it's a great outline on how to do it now," he said.

Cox, an environmental whistle-blower who has uncovered many pollution problems on O'ahu, said the dismissal of the suit was "definitely not a loss."

The ruling shows how to seek access to information more effectively, he said.

"I have struggled for years, and I can't begin to tell you how difficult it is, and demeaning, to interact with the Health Department," Cox said.

In sworn declarations, Hernandez had alleged that continuing environmental problems at the landfill, such as excessive heat, "could cause a crisis of disastrous proportions."

Siu backed the claims and charged that the dump "is in an unpredictable state based on the abnormal gas and temperature conditions, which can affect public health and the environment."

Lau yesterday said the situation there is under control.

"We are always concerned about the safety and environmental condition of the landfill, and if anything comes to our attention that makes us think there's an imminent hazard, we'll act appropriately," Lau said.

A Waste Management spokeswoman said that although the company was not a party to the case, "as far as we understand the issues, we believe that the court reached the correct decision."

Deputy Attorney General Dorothy Sellers said that "if and when (the plaintiffs) file a new complaint, the state will move to dismiss it."