Supreme Court to decide future of Air Force hazardous-waste disposal at Guam’s Tarague Beach

The U.S. Supreme Court is hearing a case between the U.S. Air Force and the Guam environmental organization Prutehi Guåhan concerning hazardous-waste disposal at Tarague Beach. The Air Force has used the site since 1982, moving from open burning to detonations, and must secure a permit from Guam’s Environmental Protection Agency. Prutehi Guåhan sued after the Air Force filed a permit-renewal application in May 2021, arguing that a NEPA environmental review is required before the application can proceed.

The Air Force argues that the Resource Conservation and Recovery Act already covers the necessary environmental review and that the application is not a final agency action. The Supreme Court will decide whether the permit filing is subject to judicial review and whether a separate NEPA assessment is mandatory. A decision could impact water safety for Guam residents and shape how federal agencies handle environmental reviews for hazardous-waste projects nationwide.