Woman sues DLNR, DFW over permits

A woman has filed a complaint with the Superior Court against the Department of Lands and Natural Resources, Division of Fish and Wildlife, and their respective department heads over delays in issuing a clearing permit.

Alexandria Davis Steeley, through her attorney, Jeanne H. Rayphand, has filed a complaint for review of agency action, for declaratory judgment, injunctive relief, and damages against DLNR, DLNR Secretary Sylvan Igisomar, DFW, and DFW director Manny Pangelinan.

In her complaint, Steeley alleges that DLNR and DFW are withholding and unreasonably delaying the issuance of a decision on her application for a clearing permit for home construction.

Saipan Tribune tried to obtain comments from Pangelinan and Igisomar but they have yet to respond.

As relief, the plaintiff is asking the court to issue a declaratory judgment stating that the defendants have unlawfully withheld and unreasonably delayed issuing final agency action on her permit application.

In addition, the plaintiff wants the court to issue a declaratory judgment stating that she is not required to obtain a DFW permit to clear her property; or alternatively order DFW to grant her a permit to clear her property.

Lastly, Steeley wants the court to award her damages suffered as a result of the defendants delaying the issuance of her permit, in an amount to be determined by the court, as well as attorney’s fees.

According to the complaint, Steeley submitted her non-commercial permit application and DFW site assessment application last Feb. 10.

On March 1, the Division of Environmental Quality granted Steeley her non-commercial earthmoving and erosion control permit while DFW took about another two months to respond to her application.

“In spite of attempts to follow up the DFW application, it was not until May 4, 2023, that any written response was received,” said the complaint.

On May 4, the plaintiff received an email from Pangelinan stating that DFW had sent her attorney a copy of the “Stop-Clock” order, putting a stay on the processing of her clearing permit.

The “Stop-Clock” order was dated March 31, but it was allegedly not provided to the applicant until May.

On the order, DFW claims that it did two surveys without finding any presence of an endangered species on the lot. However, DFW later did a third survey and claims to have detected one male Nightingale Reed Warbler within 50 meters of Steeley’s property.

On May 5, Steeley, through her attorney, contacted Pangelinan regarding the option to discuss mitigation. However, she did not receive a response and on May 30, the plaintiff and her attorney decided to appeal the decision to Igisomar.

To date, Steeley claims the defendants have not responded nor acted upon her application and appeal.