DISTRICT Court for the NMI Designated Judge David O. Carter has dismissed as moot the proposed stipulated order requested by the Department of Justice and the Commonwealth Utilities Corporation regarding the Sadog Tasi wastewater treatment plant clarifier.
Judge Carter issued the order after CUC informed the federal court that on Aug. 31, 2022, the local court affirmed the CUC’s decision denying a contractor’s protest.
CNMI Superior Court Associate Judge Wesley Bogdan has denied USA Fanter’s petition for an injunction and lifted the previous issued temporary preliminary injunction preventing the CUC from awarding a contract for the replacement of a wastewater treatment plant clarifier.
Judge Bogdan also affirmed the CUC’s decision denying USA Fanter’s protest under the Administrative Procedure Act and the NMI Rules for Administrative Appeals.
The U.S. Department of Justice, on behalf of the Environmental Protection Agency, had asked the District Court for the NMI to override the temporary restraining order and preliminary injunction issued by the CNMI Superior Court to USA Fanter so that the CUC could procure a crucial wastewater treatment plant clarifier.
The CUC and the CNMI government, through the local Office of the Attorney General, joined the USDOJ in its request to the federal court.
