Supreme Court of the United States · Official docket →
Department of the Air Force, et al. v. Prutehi Guahan, fka Prutehi Litekyan
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 22-16613 · judgment February 13, 2025
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Ninth Circuit decision below.
Questions presented
The Resource Conservation and Recovery Act of 1976 (RCRA), 42 U.S.C. 6901 et seq., is a comprehensive environmental statute providing for cradle-to-grave regulation of hazardous waste through a scheme of cooperative federalism. Under RCRA, the United States Environmental Protection Agency may authorize state and territorial regulators to administer permitting programs for hazardous-waste-treatment facilities in their respective jurisdictions, including facilities operated by the federal government. The questions presented are as follows:
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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.
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Whether the federal government must comply with the general environmentalreview 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.
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Caroline Anne Flynn
Earthjustice
Case
Conference history
Distributed for 3 conferences
Amicus briefs
8 merits
(3 supporting pet./neither, 5 respondent)
Linked docket
25A374
Proceedings
- Aug 20 2026Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
- Aug 19 2026Reply of petitioners United States Department of the Air Force, et al. filed. (Distributed)
- Aug 12 2026CIRCULATED
- Aug 12 2026Record requested from the United States Court of Appeals for the Ninth Circuit.
- Aug 04 2026SET FOR ARGUMENT on Wednesday, October 7, 2026.
- Jul 27 2026Brief amicus curiae of Virgin Islands Bar Association filed.
- Jul 27 2026Brief amici curiae of Washington, et al. filed.
- Jul 27 2026Brief amici curiae of Community-Based Organizations in Guam, et al. filed.
- Jul 27 2026Brief amici curiae of Jared Huffman, et al. filed.
- Jul 24 2026Brief amicus curiae of Blue Ocean Law filed.
- Jul 20 2026Brief of respondent Prutehi Guahan filed.
- May 29 2026Brief amici curiae of Chamber of Commerce of the United States, et al. filed.
- May 29 2026Brief amici curiae of West Virginia, et al. filed.
- May 29 2026Brief amici curiae of The Foundation for American Innovation, et al. filed.
- May 22 2026Brief of petitioners United States Department of the Air Force, et al. filed.
- May 22 2026Joint appendix filed.
- Mar 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.
- Mar 20 2026Motion for an extension of time to file the briefs on the merits filed.
- Mar 09 2026Petition GRANTED.
- Mar 02 2026DISTRIBUTED for Conference of 3/6/2026.
- Feb 23 2026DISTRIBUTED for Conference of 2/27/2026.
- Feb 04 2026DISTRIBUTED for Conference of 2/20/2026.
- Feb 04 2026Reply of petitioners United States Department of the Air Force, et al. filed. (Distributed)
- Jan 16 2026Brief of respondent Prutehi Guahan in opposition filed.
- Dec 04 2025Motion to extend the time to file a response is granted and the time is extended to and including January 16, 2026.
- Dec 03 2025Motion to extend the time to file a response from December 17, 2025 to January 16, 2026, submitted to The Clerk.
- Nov 14 2025Petition for a writ of certiorari filed. (Response due December 17, 2025)
- Oct 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.
- Oct 01 2025Application (25A374) granted by Justice Kagan extending the time to file until November 14, 2025.