Alega residents decline to file their lawsuit locally

Pago Pago, AMERICAN SAMOA — Known environmentalists for over 20 years in American Samoa have decided to give their legal argument recently dismissed in a Hawaii Court a rest.

When asked about her next move following a decision by Hawaii Judge Seabright suggesting she take her case to the American Samoa High Court, environmentalist and business owner in Alega, Tisa Faamuli says, she’s won’t do that, but  “It’s a shame citizens of American Samoa were forced to take this pollution case off island to expose the corporate polluters of the environment on the island’s Turtle Beach Habitat.”

The gist of this case is caring, respect and being good to the environment, therefore; Ms Faamuli “wishes to thank ASPA, ASTCA, and Blue Sky for starting, cleaning up their corporate trash, from our village coastline and the east highway of American Samoa.”

In March 2022 with only three-sets of defendants left on the case, parties engaged in settlement discussions with a federal Magistrate Judge, as reported earlier by Samoa News.

However according to court documents the defendants conducted “a survey and inspection of the property in question and prepare[d] a specific proposal to address the removal of the telecommunications detritus and other materials at issue in this case.”

Despite not pursuing the case locally, Ms Faamuli told this newspaper “However much work still remains and must be done, island wide.

“May I humbly ask that you all continue this wonderful practice of cleaning after you and keep all turtle habitats pollution free as required by EPA and Marine and Wildlife Protection?”

She also “requests the Environmental Protection Agency to step up to assist and support this part of much needed clean up island wide”, adding that “for many years, I have sat here at my beach front and recorded trashing of our village by (our own residents).”

Plaintiffs took the case to the federal level, after failed efforts with a similar case filed with the High Court of American Samoa.

The federal court in March last year, dismissed a majority of the defendants — including ASG and federal officials — leaving only three sets of American Samoa defendants: AST Telecom, ASPA and ASTCA along with current and former officials. Also named defendants were board members of ASPA and ASTCA.

For the plaintiffs, there were originally four Alega residents but later reduced down to three: Steven Jay Pincus Hueter, Faʻamuli Pete Faʻamuli, and Michael “Candyman” Kirk — who are officers of the Alega Marine Preserve.

Samoa News has reported in the last two and half years on this case and the many filings involved, covering various issues of the lawsuit raised by the plaintiffs and objections from the defendants.

Speaking from her Alega Beach residence, Ms Faamuli also said, “Today, I am grateful and wish to thank Honorable Judge Seabright, for pointing out all the loopholes the unorganized territory of American Samoa (has) on Federal rules, and jurisdiction.

“So where do we stand? People of American Samoa’s hands are tied. These loopholes clearly show that indigenous people of American Samoa are stuck again at the mercy of our local courts.

“We need to reassess our relationship with the Department of Interior. Clearly, the Indigenous voice of people of American Samoa matters and our rights to our land and oceans are threatened more than ever.

“Or worse, the closure of our EEZ and our waters is a crime that will be realized later when we have lost the voice of residents and indigenous people of American Samoa. We cannot hunt or fish to survive, as all our resources are closed, and unavailable for our survival.

“The frivolous lawsuit by Bluesky, also won Alega village our rights to remove Bluesky’s illegal and un-permitted use of our land.

“It feels great to uncover this unethical practice and I am grateful to Honorable Chief Justice Kruse, for his ruling to stop this illegal practice on lands of the people of American Samoa.

“We hope this case is an example of holding ASG accountable for its long overdue pollution of endangered species habitat.

“This case was about holding our government and big corporations accountable for cleaning up their detritus on our precious resources.

“ For the first time, citizens of AS exposed the biggest and dangerous polluters and were able to call on the government and big corporations to set a good example and have employees use good work ethics and stop leaving your dangerous trash behind.”

The award winning environmentalist thanks the community for their prayers and support in keeping American Samoa clean.