"We Are Guhan": Judge Dismissed Suit Because DoD Decided to Conduct SEIS

Guam – «We Are Guhan» spokesman Leevin Camacho issued the following statement in reaction to Judge Kobayashi’s decision to dismiss the Pagat lawsuit.

 

READ «We Are Guhan’s» Statement in FULL below:

On December 30, 2011, Judge Leslie E. Kobayashi issued a "minute order" in the lawsuit to save Pågat Village stating that the case was now "moot" or "completed."  The decision comes after the Department of Defense ("DOD" filed a declaration by JGPO Executive Director Joseph Ludovici with the court on November 15, 2011 stating that DOD would prepare a Supplemental Environmental Impact Statement to "re-evaluate live-fire training range complex alternatives . . . . "  Based on DOD's concession to the plaintiffs’ request for the preparation of a Supplemental EIS that remedied the "deficiencies of the FEIS," the court dismissed the case.

"We wanted the court to continue to oversee the process," said Attorney Leevin T. Camacho, member of We Are Guåhan in response to the court's minute order, "but we are hopeful that DOD will live up to its legal obligations this time and ensure that the Supplemental EIS process is open and honest without the need for court intervention. "

The DOD filing stated that it would formally commence the Supplemental EIS process in 2012 by holding scoping meetings before preparing and releasing a Draft Supplemental EIS for comment.  This level of public involvement and participation ­is something that DOD had previously refused to agree to in its Motion for Voluntary Remand filed earlier in 2011.  

"Our goal from day one has been to ensure that DOD followed the law," said Camacho.  "The preparation of a Supplemental EIS is the first victory – a necessary victory – along the way to achieve our ultimate goal of saving Pågat Village. "

Judge Kobayashi’s minute order stated that a more detailed written order would follow. 

               "We wanted the court to continue to oversee the process," said Attorney Leevin T. Camacho, member of We Are Guåhan in response to the court's minute order, "but we are hopeful that DOD will live up to its legal obligations this time and ensure that the Supplemental EIS process is open and honest without the need for court intervention. " 

The DOD filing stated that it would formally commence the Supplemental EIS process in 2012 by holding scoping meetings before preparing and releasing a Draft Supplemental EIS for comment.  This level of public involvement and participation ­is something that DOD had previously refused to agree to in its Motion for Voluntary Remand filed earlier in 2011.   

"Our goal from day one has been to ensure that DOD followed the law," said Camacho.   "The preparation of a Supplemental EIS is the first victory – a necessary victory – along the way to achieve our ultimate goal of saving Pågat Village." 

Judge Kobayashi’s minute order stated that a more detailed written order would follow.

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