Skip to content

Department of the Air Force v. Guahan

Pending petition

Docket No. Op. BelowArgument Opinion Vote Author Term
25-579 9th Cir. TBD TBD TBD TBD TBD

Issue: (1) Whether the federal government’s submission to a state or territorial regulator of an application to renew a Resource Conservation and Recovery Act of 1976 (RCRA) permit is “final agency action” that is immediately reviewable under the Administrative Procedure Act; and (2) whether the federal government must comply with the general environmental-review procedures of the National Environmental Policy Act of 1969, 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.

DateProceedings and Orders (key to color coding)
10/01/2025Application (25A374) to extend the time to file a petition for a writ of certiorari from October 15, 2025 to November 14, 2025, submitted to Justice Kagan.
10/01/2025Application (25A374) granted by Justice Kagan extending the time to file until November 14, 2025.
11/14/2025Petition for a writ of certiorari filed. (Response due December 17, 2025)
12/03/2025Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
12/04/2025Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
01/16/2026Brief of respondent Prutehi Guahan in opposition filed.
02/04/2026DISTRIBUTED for Conference of 2/20/2026.
02/04/2026Reply of petitioners United States Department of the Air Force, et al. filed. (Distributed)