Forum
U.S. Supreme Court
Case Status
Pending
Docket Number
Term
2026 Term
Lower Court Opinion
U.S. Court of Appeals for the Ninth Circuit
Questions Presented
(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.
Case Updates
U.S. Chamber files coalition amicus brief
May 29, 2026
U.S. Chamber Coalition Amicus Brief
Michael R. Huston, Nicholas S. Crown, and Addison W. Bennett of Perkins Coie LLP served as outside counsel.
Case Documents
- Ninth Circuit Opinion -- Department of the Air Force v. Guahan
- U.S. Chamber Coalition Amicus Brief -- Department of Air Force v. Guahan (U.S. Supreme Court)