Department of the Air Force v. Prutehi Guahan

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Supreme Court of the United States
Department of the Air Force v. Prutehi Guahan
Docket number: 25-579
Term: 2026
Court: United States Supreme Court
Important dates
Pending
Court membership
Chief Justice John RobertsClarence ThomasSamuel AlitoSonia SotomayorElena KaganNeil GorsuchBrett KavanaughAmy Coney BarrettKetanji Brown Jackson

Department of the Air Force v. Prutehi Guahan is a case scheduled for argument before the Supreme Court of the United States during the court's October 2026-2027 term.

HIGHLIGHTS
  • The questions 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."[1]

  • The outcome: The appeal is pending adjudication before the U.S. Supreme Court.

  • The case came on a writ of certiorari to the United States Court of Appeals for the Ninth Circuit. To review the lower court's opinion, click here.

    Background

    Timeline

    The following timeline details key events in this case:

    • March 9, 2026: The U.S. Supreme Court agreed to hear the case.
    • November 14, 2025: Department of the Air Force, et al. appealed to the U.S. Supreme Court.
    • February 13, 2025: The United States Court of Appeals for the Ninth Circuit reversed the district court's dismissal and remand of the case.

    Questions presented

    The petitioner presented the following questions to the court:[1]

    Questions 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.[2]

    Oral argument

    Audio

    Audio of the case will be posted here when it is made available.

    Transcript

    A transcript of the case will be posted here when it is made available.

    Outcome

    The case is pending adjudication before the U.S. Supreme Court.

    October term 2026-2027

    See also: Supreme Court cases, October term 2026-2027

    The Supreme Court will begin hearing cases for the term on October 5, 2026. The court's yearly term begins on the first Monday in October and lasts until the first Monday in October the following year. The court generally releases the majority of its decisions by mid-June.[3]


    See also

    External links

    Footnotes