Judicial leaders explore possibility of environmental court on Guam

Local and federal judges expressed interest in exploring the option of establishing an environmental court on Guam after learning about Hawaii's recent installation of the specialized court.

In the U.S., only Hawaii and Vermont have environmental courts in their judicial system. The specialized court focuses on enforcement of laws relative to issues such as water and air pollution, global warming and land use planning.

Judicial leaders from the Pacific region had the opportunity to hear about Hawaii's environmental court Thursday during the Pacific Judicial Council's 2017 Environmental Law and Science Conference.

David Sakoda, a Marine Law Fellow with the Hawaii Department of Land and Natural Resources, presented his insight on the modeling and operation of the state's environmental court, which started operating in 2015.

District Court of Guam Chief Judge Frances Tydingo-Gatewood, who also is president of the council, said the conference was helpful for her to learn more about the scientific aspect of environmental laws - an aspect she admits she needs to learn more about.

The conference touched on challenges faced in the Pacific, including fishing regulations, watershed issues, coral bleaching, contamination and pollution. These are issues that an environmental court could oversee, Tydingco-Gatewood said.

"It's been instrumental to have scientists talk to us about the science behind, for example, what happens when plastic gets into the ocean or how coral bleaching affects life in the ocean," she said.

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Environment and tourism

Sakoda's presentation also resonated with Supreme Court of Guam Associate Justice Philip Carbullido, who said the court could be effective in protecting Guam's natural resources.

These resources are vital for the island's prime industry in tourism, Carbullido said. The planned military buildup also could play a role in establishing an environmental court, he said.

"We're trying to educate ourselves to see if there are resources that we can bring in," he said.

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Currently, environmental cases are under the general jurisdiction of Guam's courts. Carbullido said much of the compliance with environmental laws is handled at the administrative level, but the more serious cases make their way into court.

Sometimes, development for tourism is met with environmental concerns raised by residents, Carbullido said. He made reference to the controversial Pago Bay Ocean Resort, which was met with heavy criticism by local group Save Southern Guam.

"There is always a balance that must be struck with development and preserving our environment so that our children will enjoy the pristine environment that we enjoy today," Carbullido said.

As the education chairman of the Pacific Judicial Council, Carbullido said he is interested in seeing what other tools are out there to help Pacific judiciaries make informed decisions regarding the environment.

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