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When can a community challenge a military waste permit?

Department of the Air Force v. Prutehi Guahan

Administrative law · US Supreme Court · No. 25-579 · Argument scheduled

Research checked 27 September 2026 · Official docket

The competing views

The Court accepted two questions: whether the application is final agency action and whether NEPA review must precede it. This selection tracks only the first. A ruling about NEPA alone does not resolve this selection.

The Air Force

The Air Force says an application neither completes its decisionmaking nor directly changes legal rights. It also argues that the specific hazardous-waste permitting process displaces a separate NEPA review.

Prutehi Guahan

Prutehi Guahan says the renewal application commits the Air Force to continued operations and preserves the existing permit. It argues that the permitting law does not excuse NEPA’s environmental analysis.

Original summaries of submissions, not findings of fact.

Procedural history

  1. 13 February 2025

    Ninth Circuit issues its decision

  2. 9 March 2026

    Supreme Court grants review of two questions

  3. 22 May / 20 July 2026

    Parties file merits briefs

  4. 7 October 2026

    Oral argument scheduled

Research & materials

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Court links open official materials; scheduled arguments are not transcripts.

Case updates

Research and argument schedule checked

The docket records argument scheduled for 7 October 2026. This is a dated research update, not a live feed.

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Oral argument scheduled

The official docket schedules oral argument for 2026-10-07. Dates may change. Docket entry dated 2026-08-04; checked 2026-09-26.

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Merits brief filed

The official docket records this procedural event. Docket entry dated 2026-07-20; checked 2026-09-26.

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