Prutehi Guahan makes it case against the military before the U.S. Supreme Court

“We will hear argument this morning…in Department of the Air Force v. Prutehi Guahan.”

Chief Justice John Roberts announced the historic case today as Prutehi Guahan challenges the Air Force. For just over an hour, the justices examined how hazardous waste disposal on Guam is permitted and whether the military must follow the National Environmental Policy Act. 2

With shells from Tarague Beach in hand, Prutehi Guahan and their attorneys from Earthjustice left the oral arguments optimistic.

Supreme Court Counsel for Earthjustice Caroline Flynn told MP, “The justices were really engaged. They asked a lot of good questions…I think they understood what we are fighting for here and that is to have a chance a day in court and bring this claim to challenge this violation to comply with the fundamentals of environmental law before carrying out this environmentally destructive activity. We remain hopeful and we appreciate the Justices engaging deeply with our case.”

Much of the court’s discussion centered on whether an application for a proposal can be considered a final agency action to challenge. The justices often described the case as odd or unusual, grappling with Guam’s political status.

Monaeka Flores with Prutehi Guahan said, “Guam is a colony of the U.S. We do not have political equity. We do not have voting representation in Congress. We do not vote for the president. And NEPA is an important mechanism that actually carries a lot more weight at home in terms of federal projects that go through the process and this is a really important moment for Prutehi Guahan. This is an important moment for our community.”

Guam Lt. Governor Josh Tenorio attended the hearing. He said, “Prutehi Guahan many times is critical of a lot of government, but here I have to really support their efforts to bring this very important issue to the highest court in the land.”

A ruling is expected by next June.