Supreme Court · Thursday, October 8, 2026
Justices weigh when a Guam group can sue over the Air Force's beach detonations
The File desk · Oct 8, 2026, 10:49 AM UTC
Status
Confirmed from the official argument transcript in Department of the Air Force v. Prutehi Guahan, No. 25-579, argued Oct. 7, 2026. The transcript is marked official and subject to final review. This story does not predict the ruling.
- Confirmed
The Court heard argument Wednesday. Sopan Joshi argued for the Air Force. Caroline A. Flynn argued for Prutehi Guahan. Argument ran from 10:04 a.m. to 11:20 a.m.
- Confirmed
The government said a permit application is not final agency action. The Guam group said the Air Force had to follow the
before choosing to keep detonating munitions on the beach.Legal instrument
National Environmental Policy Act
This law requires federal agencies to study the environmental effects of major actions before they act.
For decades the Air Force has blown up old and waste munitions in the open on Tarague Beach at Andersen Air Force Base in Guam. To keep doing it, the Air Force applied to Guam's environmental agency to renew a hazardous-waste permit. A local group, Prutehi Guahan, says the Air Force first had to do a full federal environmental review under the Legal instrument This law requires federal agencies to study the environmental effects of major actions before they act. Legal instrument People can sue over a government agency’s final actions. They generally cannot sue yet over a step that is still preliminary.National Environmental Policy Act
Administrative Procedure Act (5 U.S.C. § 704)
The case is Department of the Air Force v. Prutehi Guahan, No. 25-579. Sopan Joshi, an assistant to the solicitor general, argued for the Air Force. Caroline A. Flynn argued for Prutehi Guahan. Argument began at 10:04 a.m. and was submitted at 11:20 a.m. The docket lists the case as argued on Oct. 7.
Joshi told the justices: “A permit application is not final agency action. It's a request to someone else to take action.” He also argued that the hazardous-waste law, the Legal instrument The federal hazardous-waste law. It regulates waste from creation to disposal and lets the Environmental Protection Agency hand permit programs to states and territories. Legal instrument This law requires federal agencies to study the environmental effects of major actions before they act.Resource Conservation and Recovery Act
National Environmental Policy Act
Flynn said the Air Force was required to comply with the Legal instrument This law requires federal agencies to study the environmental effects of major actions before they act.National Environmental Policy Act
Justice Sotomayor asked how the Legal instrument The federal hazardous-waste law. It regulates waste from creation to disposal and lets the Environmental Protection Agency hand permit programs to states and territories. Legal instrument This law requires federal agencies to study the environmental effects of major actions before they act. Legal instrument This law requires federal agencies to study the environmental effects of major actions before they act. Legal instrument The federal hazardous-waste law. It regulates waste from creation to disposal and lets the Environmental Protection Agency hand permit programs to states and territories.Resource Conservation and Recovery Act
National Environmental Policy Act
National Environmental Policy Act
Resource Conservation and Recovery Act
The Court has not ruled. This story does not say which way it will go.
What is still unknown or disputed
- When the Court will rule.
- The volume and type of munitions.
- Where Guam's environmental agency stands on the permit. That was not in the pages fetched.
Primary sources
Every claim in this story is drawn from the documents below. If a fetch failed, that is recorded on the card.
Source 1
Transcript of oral argument, Department of the Air Force v. Prutehi Guahan, No. 25-579
Supreme Court of the United States · October 7, 2026
A permit application is not final agency action. It's a request to someone else to take action.
https://www.supremecourt.gov/oral_arguments/argument_transcripts/2026/25-579_g31h.pdf
Source 2
Argument transcripts, October Term 2026
Supreme Court of the United States · October 7, 2026
The 2026 transcript list now includes Nos. 25-170, 25-498, 25-579, and 25-735.
https://www.supremecourt.gov/oral_arguments/argument_transcript/2026
Source 3
Docket, No. 25-579
Supreme Court of the United States · October 7, 2026
Argued. For petitioners: Sopan Joshi, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For respondent: Caroline A. Flynn, Washington, D. C.
https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/25-579.html