Environmental advocate Tina Sablan said Judge Kenneth Govendo scheduled the status conference this morning after the Friends of Marpi and the government’s representatives agreed to meet so they can resolve the matter without a court-appointed mediator or a trial.
During the last hearing on June 6, the Friends of Marpi asked the court to appoint a mediator to assist both parties in resolving the controversy.
But the government objected and Govendo said he was “contemplating” to move forward to a full-blown trial.
This prompted the government to request for more time to meet with the Friends of Marpi so they can come to an agreement without a court-appointed mediator or a trial.
On June 10, Assistant Attorney General Gilbert Birnbrich filed a notice of appeal indicating their intent to appeal the preliminary injunction orders and opinion issued in May.
Sablan said Friends of Marpi’s pro bono attorney David Banes told them the government is refusing to discuss a settlement, so it seems a trial is likely.
She said numerous documents that have been requested from the government even before the litigation began have yet to be turned over to the Friends of Marpi.
These documents include contracts and change orders related to the construction of the public cemetery and the installation of power poles; Historic Preservation Office files on the Marpi project and other documents related to archeological surveys and consultation under Section 106 of the National Historic Preservation Act; documents related to the project’s compliance with the National Environmental Protection Act; Coastal Resources Management permit applications, permits, and records of any public hearings held.


