No. 25-579October Term 2025Before Arguments
Department of the Air Force, et al., Petitioners v. Prutehi Guahan
from the United States Court of Appeals for the Ninth Circuit.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the United States Court of Appeals for the Ninth Circuit.
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 / Accepted by the Court
- Area
Administrative Law
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
The Supreme Court agreed to hear a dispute over a federal application to renew a hazardous-waste permit under RCRA (the federal hazardous-waste law). The justices will decide whether that filing is a final, reviewable government action and whether NEPA (environmental review) must happen before the application is submitted.
Argument
The case is pending, and no oral argument has been scheduled yet. The Court will review whether a permit-renewal submission to a state or territorial regulator is immediately reviewable and whether NEPA review must come before that filing.
Impact
The answer could affect how federal facilities, including military operations, renew hazardous-waste permits in states and territories. It also could shape when local regulators and nearby communities can challenge those steps in court.
What is Department of the Air Force v. Prutehi Guahan about?
The case asks whether a federal hazardous-waste permit-renewal filing is a final, immediately reviewable government action. It also asks whether the government must complete NEPA (environmental review) before submitting that permit application under RCRA (the federal hazardous-waste law).
Who could be affected by Air Force v. Prutehi Guahan?
Federal agencies seeking hazardous-waste permit renewals, plus state or territorial regulators, could be directly affected. So could nearby communities, because the case concerns when environmental review happens and when challenges can reach court.
When will the Supreme Court hear Department of the Air Force v. Prutehi Guahan?
Oral argument has not been scheduled yet. Watch for oral argument or another scheduling move; no decision window is available yet.
Related cases
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
- Jul 23, 2026
- Method
- Methodology