Guam § 63211 - Citizen Suits.

§ 63211. Citizen Suits.

(a) Any person may commence a civil suit on his or her behalf:

(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:

(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