No. 25-579

Department of the Air Force, et al. v. Prutehi Guahan

Lower Court: Ninth Circuit
Docketed: 2025-11-17
Status: Pending
Type: Paid
Experienced Counsel
Tags: administrative-procedure-act agency-action cooperative-federalism environmental-review hazardous-waste resource-conservation-recovery-act
Key Terms:
Environmental AdministrativeLaw SocialSecurity JusticiabilityDoctri
Latest Conference: 2026-02-20
Question Presented (from Petition)

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.

Question Presented (AI Summary)

Whether the federal government's submission of a RCRA permit renewal application constitutes 'final agency action' and whether NEPA environmental review procedures apply to RCRA permit renewals

Docket Entries

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

Attorneys

Prutehi Guahan
Caroline Anne FlynnEarthjustice, Respondent
David Lane HenkinEarthjustice, Respondent
United States Department of the Air Force, et al.
D. John SauerSolicitor General, Petitioner