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Taufete'e v. American Samoa Gov’t

Type de cour
Nationale - cour supérieure
Date
Jan 3, 1995
Source
UNEP, InforMEA
Nom du tribunal
High Court of American Samoa, Appellate Division
Siège de la cour
Pago Pago
Juge
Kruse, Chief Justice
Numéro de référence
AP No. 04-94
Langue
Anglais
Sujet
Terre et sols, Questions juridiques
Résumé

The appellant in the case, Taufete'e, occupied communal law close to the Pala Lagoon. He had obtained a permit to conduct landfill activities in the area, which he did. Later the same year the applicant discontinued the activity, but resumed them seven years later. The government then issued a Stop Work Order since the permit had expired. When the appellant applied for a new permit, the application was rejected by the director of the Project Notification and Review System. The government moved the court to receive affidavits not considered in the administrative review, as the report was unavailable at the time of the agency decision.

 

The court admitted that it, in certain cases, had the possibility to accept to review evidence supplementing that which was contained in the administrative review. This, however, required that the evidence supplemented or explained matters already in the record and that the supplemental material was necessary for a meaningful review. In the present case, the court found that the affidavits put forward did not purport to clarify or explain evidence from the existing record and was therefore not supplemental to the administrative record.

Texte intégral
Taufete'e v. American Samoa Gov’t .pdf