United States v. Government of Guam

MEMORANDUM

The United States brought this civil enforcement action against the Government of Guam under the federal Clean Water Act to end unpermitted discharges from Guam’s Ordot Dump landfill. More than ten years into the litigation, nine years after the entry of a Consent Decree providing for closure of Ordot Dump, and six years after the district court appointed a receiver due to Guam’s failure to comply with the Consent Decree, the territorial government sought to replace, the Guam Office of the Attorney General (“OAG”) as its counsel of record with a private law firm, Cabot Mantanona LLP (“the Cabot Firm”). The district court at first denied most of the request, while permitting the Cabot Firm to address the court and represent the territorial government as to certain matters. Approximately five months later, however, the court granted full substitution of counsel after it became aware of new facts demonstrating a breakdown of communication between the Governor’s Office and the OAG.

Guam appeals from the district court’s orders partially denying substitution of counsel, including orders entered on May 16, 2013, August 13, 2013, and September 18, 2013. Guam also requests…