Torres

The Attorney General of Guam filed this action in the United States District Court of Guam seeking a declaration that, under the 1998 Amendment to the Guam Organic Act, 48 U.S.C. § 1421g(d), his authority as the “Chief Legal Officer” of Guam preempted prior Guam law and prohibited the Guam International Airport Authority (“GIAA”) from retaining its own legal counsel to conduct civil litigation. The district court, noting the existence of a parallel action in the Guam superior court, dismissed the action on three separate grounds: abstention under Younger v. Harris, 401 U.S. 37 , 91 S.Ct. 746 , 27 L.Ed.2d 669 (1971), abstention under Burford, v. Sun Oil Co., 319 U.S. 315 , 63 S.Ct. 1098, 87 L.Ed. 1424 (1943), and because the action was unsuitable for relief under the Declaratory Judgment Act, 28 U.S.C. § 2201 . We affirm the district court’s dismissal of the action as appropriate under Younger abstention. We also affirm the district court’s dismissal under the Declaratory Judgment Act because appellant waived his challenge to this dismissal.

A. Background

On March 3, 2003, appellant filed a complaint in the district court for injunctive and declaratory relief. He alleged that the…