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No. 25-579October Term 2025Before ArgumentsUpdated Sep 2, 2026

Docket 25-579October Term 2025 (2025–2026)

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
Case AcceptedMar 9, 2026
Arguments ScheduledOct 7, 2026
Decision ReleasedUpcoming
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.

The Court does not announce decision dates in advance.Argument and decision days

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.

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