Major victory in Guam organization's fight against Air Force

Prutehi Guåhan marked a major legal victory recently in its lawsuit against the U.S. Air Force related to environmental review before deciding to detonate bombs and other hazardous waste on Tarague Beach in northern Guam.

“The Ninth Circuit firmly rejected the Air Force’s attempt to insulate from judicial review its failure to comply with NEPA before making its decision to continue blowing up bombs on the beach in Guam,” said Earthjustice attorney David Henkin. “We are pleased that Prutehi will finally get its day in court.”

“The Air Force’s open detonation operations are contaminating our land and water with their toxic waste,” said Monaeka Flores of Prutehi Guåhan. “We must fight to protect and preserve our aquifer, our food resources and traditional fishing grounds, our sacred sites, and our coastlines that contain traditional medicines for us and for the future generations of Guåhan. It’s time for the district court to hear our arguments and hold the Air Force accountable.”

The U.S. Court of Appeals for the Ninth Circuit provided three overall reasons for their reversal of Guam’s District Court ruling:

- “First, the panel held that Prutehi Litekyan had standing to challenge the Air Force’s decision to go forward with Open Burning/Open Detonation (OB/OD) operations for disposing of unexploded ordnance without conducting National Environmental Policy Act (NEPA) review.”

- “Second, the panel held that the Air Force engaged in final agency action that was ripe for judicial review.”

- “Third, the panel held that NEPA applied to the Air Force’s decision to conduct OB/OD operations at Tarague Beach, and Prutehi Litekyan can state a claim by alleging noncompliance with NEPA.”

You can read the full statement from Earthjustice at Earthjustice Press Release.