Damarlane v Pohnpei Transportation Authority Type of court National - higher court Date Jan 14, 1991 Source UNEP, InforMEA Court name Supreme Court Seat of court Pohnpei Reference number FSM Civil Action No 1990-075 Language English Subject Land & soil Keyword Public participation Abstract A number of persons living on, or claiming interest in a land in Pohnpei asserted claims regarding dredging and other earthmoving activities undertaken by the Pohnpei Transportation Authority in a local lagoon to provide coral. The plaintiffs meant that the activities were illegal. The plaintiffs motioned for summary judgment. The Court concluded that this was only possible where national law was concerned.In the case, it was clear that the dredging activities fell under the earthmoving regulations, and the Pohnpei Transportation Authority had obtained a permit for the activities. However, the activities continued after the permit had expired. Though a permit from the Pohnpei Department of health Service was subsequently obtained, the Court later stated that a national permit was required, and that none existed. Thus the burden of showing that no permit existed was reversed.The defendants then meant that the authority to issue and supervise work under the Earthmoving Permits was delegated to the State of Pohnpei, and that the state had taken this responsibility. The Court found this to be inadequate proof of the existence of a permit through delegation.The government then showed a permit that had been issued by the Secretary. The Court found the permit to be arbitrary and capricious and that no consideration had been given to the environmental implications of the earthmoving activities. The Court also concluded that in a case of this scope and where parties who were directly affected strongly opposed the activities, a hearing should have been held. The permit was therefore considered invalid. No permit could be issued before the environmental implications of the proposed activities have been properly assessed in good faith. Lastly, the Court stated that the Pohnpei Transportation Authority must be enjoined from further activities in the meantime. Full text Damarlane v Pohnpei Transportation Authority.pdf