Justices question timing of challenge to Air Force munitions disposal in Guam

During oral argument in Department of the Air Force v. Prutehi Guåhan, the justices examined whether a challenge to the Air Force's permit renewal for detonating hazardous munitions at Tarague Beach in Guam was premature. The case involves the Resource Conservation and Recovery Act and the National Environmental Policy Act, with the challenger arguing that an environmental impact statement was required before the Air Force applied to renew its permit. A federal judge dismissed the suit, finding it was filed too soon and that NEPA did not apply to the permit application.

More than 40 years ago, the Air Force established a range at Tarague Beach, next to Andersen Air Force Base in northern Guam, to destroy ammunition, tear gas, and propellants by detonation.

In 2021, the Air Force sought renewal of a Guam EPA waste permit that would have allowed continued disposal through 2024. Guam EPA left the request unresolved, and a federal judge later dismissed the environmental group’s NEPA claim as premature.