No. 25-579October Term 2025Before ArgumentsUpdated Sep 2, 2026
Department of the Air Force v. Prutehi Guahan, fka Prutehi Litekyan
Department of the Air Force, et al., Petitioners v. Prutehi Guahan, fka Prutehi Litekyan
The Court will decide whether the Air Force’s application to Guam to renew a hazardous-waste permit for operations at Andersen Air Force Base can be immediately challenged in court, and whether the Air Force had to complete a broader environmental review before filing the application.
Case status
- Current stage
- Before Arguments
- Latest event
- Argument scheduled Oct 7, 2026
- Next
- Oral argument October 7, 2026Decision expected by late June 2027
- What it's about
The Court will decide whether the Air Force’s application to Guam to renew a hazardous-waste permit for operations at Andersen Air Force Base can be immediately challenged in court, and whether the Air Force had to complete a broader environmental review before filing the application. The dispute concerns how the Administrative Procedure Act, the National Environmental Policy Act, and the hazardous-waste permitting system under RCRA apply to the federal government.
Question presented
1. Whether the federal government's submission to a state or territorial regulator of an application to renew a RCRA permit is "final agency action" that is immediately reviewable under the Administrative Procedure Act, 5 U.S.C. 704. 2. Whether the federal government must comply with the general environmental-review procedures of the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq., before submitting a permit-renewal application under RCRA, which sets forth its own specific procedures to review environmental impacts in the context of hazardous-waste treatment.
- Case path
United States Court of Appeals for the Ninth Circuit / Argument scheduled Oct 7, 2026
- Area
Administrative Law
Timing
Expected by late June 2027
Argument is on the calendar for October 7, 2026. Decisions typically follow within about 98 days of argument. Nearly all opinions are released before the term ends in late June or early July 2027.
Briefing
What it's about
The Court will consider whether an Air Force permit-renewal application to Guam's regulator for continued hazardous-waste disposal can be immediately challenged in court as a final agency action (a completed agency decision). It will also consider whether the government must complete a National Environmental Policy Act review before filing that application under hazardous-waste permitting procedures.
Argument
No decision has been issued. Oral argument is scheduled for October 7, 2026, on whether the application is immediately reviewable and whether environmental review is required before it is submitted.
Impact
The answer could determine whether Guam residents and environmental groups can challenge an application before the territorial regulator acts. It could also affect whether the Air Force must conduct a broader environmental review before seeking to renew the permit.
What's next
Oral argument is scheduled for October 7, 2026. A decision would usually follow later in the same Court term.
What is at stake in Department of the Air Force v. Prutehi Guahan?
The case concerns whether a hazardous-waste permit-renewal application can be challenged immediately and whether broad environmental review must precede it.
Who could be affected by the Court's decision?
Guam residents, environmental groups, the Air Force, and territorial regulators could be affected by the timing of court challenges and environmental review.
When is the next step in Department of the Air Force v. Prutehi Guahan?
The Supreme Court is scheduled to hear arguments on October 7, 2026. A decision would usually come later that term.
Documents
Activity
Docket activity3
AI analysis generated: Case Briefing
Sep 2, 2026 | Generated
Brief added: Questions Presented
Jun 5, 2026 | Court records
Brief added: Petition
Nov 14, 2025 | Court records
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Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Sep 2, 2026
- Method
- Methodology