The lawsuit was filed in Hawaii where the Environmental Impact Statement was prepared.
It was assigned to Judge David Ezra and a hearing is set for Feb. 14, 2011.
“This action does not challenge the buildup itself, but seeks to compel the Department of Defense to comply with the National Environmental Policy Act and the National Historic Preservation Act by giving adequate consideration to alternative locations for a firing range,” said Joe Quinata, chief program officer for the Guam Preservation Trust, at a press conference.
Pagat is an ancient village and has been in the National Register of Historic Places since 1974.
In May, it was included on the National Trust for Historic Preservation’s annual list of America’s 11 Most Endangered Historic Places.
“Pagat is the most glaring example of how DoD made its decision a long time ago about how the buildup was going to proceed, and litigation is never what you want to do…but I hope it sends the message that the people of Guam are not going to sit by as bystanders on our own island, and we are going to do everything we can to protect our home including legal action,” said attorney Leevin Camacho for We are Guahan.
Through their pro bono legal counsels Nicholas C. Yost and Matthew G. Adams, the groups filed the lawsuit in the District Court of Hawaii in hopes of at least making the Department of the Navy reopen the process and consider other sites for the series of five firing ranges like current land under DoD’s control and even the possibility of moving it to the island of Tinian. At the most they hope to succeed in moving the firing ranges away from the ancient village.
