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David L. Manning, Special Principal Associate
Gershman, Brickner & Bratton, Inc.
Federal Receiver
(615) 830-1200

9th Circuit Court of Appeals Dismisses GovGuam Appeal of Judge Frances M. Tydingco-Gatewood’s Decision in the Ordot Dump Case

(Guam, March 6, 2015) – Federal Receiver Gershman, Brickner & Bratton, Inc. (GBB) today expressed its satisfaction at the 9th Circuit Court of Appeal’s dismissal of the Government of Guam’s appeal of the decision of District Court of Guam Chief Judge Frances M. Tydingco-Gatewood’s handling of the Government of Guam’s 2013 effort to remove the Office of the Guam Attorney General from the litigation and replace it with private counsel of the Governor’s choosing. The Government of Guam had asked that the appellate court void all of the District Court’s Orders entered in the case between May 16 and October 29, 2013. Stating that the Government of Guam’s arguments "appear very weak, both factually and legally,” the appellate court dismissed them because the Government of Guam’s lawyers failed to actually put the orders before the appellate court.

"It is very unfortunate that the Government of Guam has expended thousands of dollars on private legal representation, forced delay and additional spending by the Federal Receiver to have private lawyers perform services the Office of the Attorney General was more qualified to perform at a much lower cost to Guam’s taxpayers,” said David L. Manning, Receiver Representative. "It is our hope that the Government of Guam will now stop its delaying tactics and work with the District Court and the Receiver to fully implement the Consent Decree in all respects. We believe that the 9th Circuit’s decision today is a strong affirmation of the fair and even handed approach taken by the District Court in the case, and the Court’s insistence that Guam live up to its obligations under the Consent Decree.”

Click here to see the Decision of the 9th Circuit Court of Appeals. 

About Gershman, Brickner & Bratton, Inc., Receiver
In a Court Order dated March 17, 2008, U.S. District Court Judge Frances M. Tydingco-Gatewood appointed GBB to be Receiver with full responsibility for bringing the Guam Solid Waste Management Division into compliance with the 2004 Consent Decree for violation of the Clean Water Act. As Receiver, GBB’s objective is to work with Guam’s government, the Guam Solid Waste Authority, solid waste companies, the people of Guam, and the U.S. military to establish a long-term, financially viable and sustainable waste management system for Guam. For more information on the receivership, visit www.guamsolidwastereceiver.org.

GBB is a national solid waste management consulting firm headquartered in the Washington, D.C. area that works on solid waste collection, processing, recycling, and disposal issues, and assists in planning, procuring, and implementing sound, cost-effective facilities and services at the local, state, and national levels for both the public and private sectors. Since 1980, GBB has planned and developed a wide range of integrated waste management programs that use the latest technologies to improve efficiency, save money, enhance customer service, and protect the environment. For more information on the firm and its products and services, please visit www.gbbinc.com or call 1-703-573-5800.


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