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Department of the Air Force v. Prutehi Guahan

Docket No. Op. BelowArgument Opinion Vote Author Term
25-579 9th Cir. TBD TBD TBD TBD OT 2026

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.

SCOTUSblog Coverage

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)
02/23/2026DISTRIBUTED for Conference of 2/27/2026.
03/02/2026DISTRIBUTED for Conference of 3/6/2026.
03/09/2026Petition GRANTED.
03/20/2026Motion for an extension of time to file the briefs on the merits filed.
03/24/2026Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including May 22, 2026. The time for filing respondent's brief on the merits is extended to and including July 20, 2026.