Navy ordered to provide details on potential harm to Guam's wildlife

By Pacific Island Times News Staff

A federal court has ordered the U.S. Navy to provide information about its operations’ potential harm to endangered species and cultural resources in Guam, rejecting the government’s attempt to shield its actions from public scrutiny.

In a Dec. 12 decision, the U.S. District Court of Guam ruled that conservation groups and community advocates are entitled to additional evidence beyond the government’s administrative record to determine whether the Navy is complying with the Endangered Species Act.

“This was a careful, courageous opinion that affirms the rule of law in Guam and could help save rare animals and plants from extinction,” said Maxx Phillips, Hawai‘i and Pacific Islands director and staff attorney at the Center for Biological Diversity.

“The decision squarely rejected the military’s attempt to hide its actions and recognized that transparency and accountability are essential when endangered wildlife and irreplaceable island ecosystems are on the line. This decision sends a powerful message that environmental laws apply fully and fairly in Guam.”

The ruling stems from a 2023 lawsuit against the Navy filed by the Center for Biological Diversity and local advocacy group Prutehi Guåhan, with support from local leaders.

It challenged the Navy’s compliance with the Act regarding large-scale military construction and troop relocation projects in Guam. The lawsuit followed years of concern that the Navy failed to carry out conservation measures it had promised to protect Guam’s imperiled plants and animals.

“For too long, our island has been treated as a sacrifice zone,” said Leevin T. Camacho, attorney for Prutehi Guåhan. “This ruling affirms that the military does not get a free pass just because it operates behind fences. Our people, our wildlife and our cultural practices deserve protection and respect.”

Guam is home to many imperiled species found nowhere else on Earth, including the ababang, or eight spot butterfly, a rare native insect that depends on intact forest habitat and healthy native plant communities to survive. Under the military’s own commitments in 2015 and 2017, mitigation measures for the butterfly, including habitat protection, were supposed to occur alongside construction.

Years later these conservation measures, critical to the survival of the species, have been largely ignored or implemented so inadequately that they fail to meet the most basic requirements for species protection. Meanwhile, large-scale military development continues to accelerate across the island, one of the most heavily militarized places on Earth.

“Prutehi Guåhan was founded to protect our land and our future generations,” said Monaeka Flores with Prutehi Guåhan. “This decision is a powerful reminder that the law still applies here and that our voices matter. Knowing what the military is doing on our island is essential to protecting both our environment and our culture.”

Chamorro cultural practices are deeply tied to the land, forests and native species of Guåhan. Community members have raised concerns that military activities have disrupted traditional gathering, stewardship and cultural continuity while decisions affecting the island and its residents are often made in secret or without meaningful consultation.

The court said discovery will not be used to relitigate past agency decisions, but said it is essential for determining whether the Endangered Species Act is being violated and what remedies may be required.

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