Koror, Palau – January 11, 2024 – The Palau Supreme Court dismissed a lawsuit filed by the Governor of Angaur seeking to halt the construction of a US-backed military TACMOR project on the tiny island nation. The court ruled that the governor lacked standing to bring the case due to a lack of specificity in his claims of environmental harm.
Governor Steven Salii had filed a lawsuit against the Palau government and several US entities involved in constructing the Tactical Mobile Over the Horizon Radar (TACMOR) project. The complaint alleged that the project would cause “grave environmental damage” and harm the island’s residents.
However, the court found that the governor’s claims were too vague and failed to present any concrete evidence of actual or imminent environmental harm. “Plaintiff only alleges broad environmental harms and his claims do not actually specify what harm has occurred, where it occurred or who, if anyone, was injured,” the court wrote in its order.
The court acknowledged that the governor had standing under Palau law to bring claims on behalf of the environment but found that his complaint lacked the necessary details to support such claims.
“Without specificity to his claims and nothing to show any environmental harm has occurred or will occur in the immediate future, Plaintiff’s Complaint lacks standing as it is not only ill-defined but hypothetical,” the court stated.
The court also addressed the governor’s argument that the United States should be joined as a party to the lawsuit due to its role in the project. The court acknowledged that the United States could potentially be liable for personal injury claims but found that no such claims were adequately presented in the governor’s complaint.
“Because Plaintiff alleges that the United States is one of the causes of pollution, the Court would not be able to afford complete relief among the existing parties without the joinder of the United States,” the court said, but ultimately concluded that this issue was moot due to the dismissal of the entire case.
The court’s decision is a major setback for environmental groups and local residents who have opposed the TACMOR project. The project has been controversial due to concerns about its environmental impact and the potential for increased US military presence in Palau.
Governor Sams expressed disappointment with the court’s decision but vowed to continue fighting the project. “We still believe this project poses a serious threat to our environment and way of life,” he said in a statement. “We will explore all legal options to protect our island.”
The Palau government and US officials have not yet commented on the court’s decision.