Governor Lou Leon Guerrero has filed a petition with the Supreme Court of Guam seeking a declaratory judgment that the Attorney General does not have the authority to approve contracts for autonomous agencies such as the Guam Power Authority (GPA) and Guam Waterworks Authority (GWA). The governor’s filing asks the court to affirm that these agencies may execute contracts independently and that the Attorney General’s role in such cases is advisory rather than controlling.
The action comes after Attorney General Doug Moylan publicly stated he would not approve any contracts tied to the Mangilao Medical Campus project. “This case is about protecting our island’s ability to move forward with critical infrastructure projects, including our new hospital, without political obstruction,” Leon Guerrero said. She warned that Moylan’s stance could jeopardize more than $100 million in American Rescue Plan Act funds intended to modernize Guam’s healthcare, power, and water systems.
The administration is asking the court for expedited proceedings, as the ARPA funds must be spent by December 31, 2026.
Attorney General Moylan, in response, criticized the filing as “an act of desperation” and accused the governor of jeopardizing Guam’s financial stability. He said his office issued two legal opinions finding the ARPA expenditures unlawful and warned that taxpayers could be forced to repay $105 million if the funds are misused. Moylan also argued that the Consolidated Commission on Utilities is “inorganic” under federal law and that related legal issues are already before federal courts. “Where will the $1 billion come from after she spends $105 million on infrastructure to nowhere?” Moylan said. “Ten years or more for a hospital does nothing for residents facing health emergencies today.”