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By Moneth G.
Deposa Variety News Staff
JG Sablan Rock Quarry Inc.’s
lead lawyer is confused by the case filed by the administration against
the company on Friday. “I am perplexed by the case that has been filed.
It would seem that Department of Public Lands Secretary John Del Rosario
does not want to give the Legislature a chance to respond because the
legislature was not made a party,” said Michael Dotts. Through the
Attorney General’s Office, the administration filed a complaint on Friday
asking the court to declare Public Law 15-21 unconstitutional. The law
reinstates JG Sablan’s permit to mine pozzolan on Pagan. Dotts said his
client will respond to the lawsuit within 20 days. The company’s chief
executive officer, John T. Sablan, said they believe that the case should
not have been brought against JG Sablan Rock Quarry as the complaint deals
with a constitutional issue. But Press Secretary Charles P. Reyes Jr.
said the administration believes that the case was properly filed. “Our
attorneys believe the filing was proper. We rely on their legal expertise
and advice on important constitutional matters,” he told Variety
yesterday. After the administration voided JG Sablan’s mining permit on
May 3, lawmakers passed the bill that became P.L. 15-21, which was enacted
after the governor had vetoed it on July 29. The administration claims
that P.L. 15-21 “constitutes an impermissible exercise of executive power
by the Legislature” with respect to the 1995 permit held by JG Sablan that
the Department of Public Lands had terminated. It was the then-Division
of Public Lands of the Department of Lands and Natural Resources that
issued a permit to JG Sablan on Sept. 9, 1995, to mine pozzolan and basalt
on “certain real properties” on Pagan.
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