Guam attorney general files suit against KEPCO in wake of Marbo Cave debacle

The environmental damage to the Marbo area is officially heading to court. The Office of the Attorney General has filed a lawsuit against the Korea Electric Power Company (KEPCO) and Samsung E&C America for damaging Guam’s natural resources and creating a public nuisance, a press release stated. The OAG is asking the court to award actual damages and punitive damages.

Last week the Guam Environmental Protection Agency issued a Notice of Violation to Samsung E&C America for failing to follow its approved Erosion and Sediment Control Plan for their Solar Farm project in Mangilao. As part of the approved plan Samsung was supposed to construct five ponding basins to prevent stormwater runoff into adjacent properties, but Guam EPA only noticed two during their recent inspection. The failure to follow their plan led to the environmental damage to surrounding private properties and the historic and popularly visited freshwater Marbo Cave. Although Guam EPA issued a proposed total penalty of $18 million, Guam law only allows a maximum penalty of $125,000.

“In continuing to deliver on our promise to better protect our environment, today we have taken action to hold those who harm Guam’s natural resources accountable,” said Attorney General Leevin T. Camacho. AG Camacho added the amount of damages under the lawsuit are not limited by statute.

Deputy Attorney General Fred Nishihira and Assistant Attorney General Joseph Perez are handling this matter on behalf of the OAG.