5 Guam Code Ann. § 63211
Terms Used In 5 Guam Code Ann. § 63211
- Allegation: something that someone says happened.
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Statute: A law passed by a legislature.
(1) to enjoin any person, including the government of Guam, or any other governmental instrumentality or agency (to the limits permitted by the Eleventh Amendment to the Constitution of the United States), who is alleged to be in violation of any provision of this Article, or any regulation, rule or order issued under the authority thereof; or
(2) to compel the Department to apply the prohibitions set forth in or authorized pursuant to this Article with respect to the taking or causing deleterious effects which further jeopardize the continued existence of threatened or endangered species.
(b) The Superior Court shall have jurisdiction to enforce any such provision, regulation, rule or order, whichever the case. In any civil suit commenced under subparagraph (2), the Court shall compel the Department to apply the prohibition sought if the Court finds that the allegation that an emergency exists is supported by substantial evidence.
(c) No action may be commenced under subsection (a) or (b)
of this Section:
COL 6/21/2023
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 63 FISH, GAME, FORESTRY & CONSERVATION
(1) prior to sixty (60) days after written notice of violation has been given to the Department, or to any alleged violator of any such regulation, rule or order;
(2) if the Department has commenced action to impose a penalty pursuant to § 63205, § 63206 or § 63208 of this Article.
(d) The court, in issuing any final order in any suit brought pursuant to this Section, may award costs of litigation (including reasonable attorney and expert witness fees) to any party, whenever the court determines such award is appropriate.
(e) The injunctive relief provided herein shall not restrict any right which any person (or class or persons) may have under any statute or common law to seek enforcement of [any] standard or limitation or seek any other relief (including relief against the government of Guam or its agencies).
SOURCE: GC § 12325.10 added by P.L. 15-036:1 (June 14, 1979).
NOTE: The amendments made by P.L. 15-97:4 appear, on the surface, to repeal the entire Article. However, closer examination, including that of the Title of the Public Law, indicate that only certain sections and subsections were to be amended. References within the amendments themselves clearly refer to other sections of this Article, which the amendments assume are still in effect.
———-
ARTICLE 3
FORESTRY
NOTE: The original Article 3, Forestry, was enacted by P.L. 3-103 and has never been formally repealed. The Legislature, however, in P.L. 16-62 (creating a new Territorial Park System), enacted a “new” Article VI of this Chapter in the Government Code, also dealing with forestry. Since the coverage of the new Article VI is identical to the coverage of old Article 3, but with inconsistent provisions, the Compiler views the new Article VI as repealing by implication the old Article 3. Both articles deal with and are titled “Forestry”. Therefore, and to be consistent with the structure of this Chapter, the new Article VI, “Forestry”, enacted by P.L. 16-62:4, will be the law found in this Article. See Sutherland, Statutory Construction, 4th Ed., §34.03.
COL 6/21/2023
5 Guam Code Ann. GOVERNMENT OPERATIONS
CH. 63 FISH, GAME, FORESTRY & CONSERVATION