U.S. Supreme Court to Review Guam Case Over Air Force Hazardous Waste Explosions

The U.S. Supreme Court has agreed to hear a major environmental case involving the U.S. Air Force’s long-running practice of detonating hazardous munitions on a beach in Guam, setting the stage for a legal battle over environmental oversight and military operations.

The case centers on the Air Force’s disposal of hazardous explosives-including tear gas and propellants-through open burning and detonation at Tarague Beach, a restricted coastal site near Andersen Air Force Base. The practice has been ongoing since 1982. Tarague Beach is also an important nesting habitat for endangered sea turtles and lies above an aquifer that supplies more than 80% of Guam’s drinking water.

Environmental groups Prutehi Guahan and Earthjustice filed the lawsuit, arguing the Air Force violated the National Environmental Policy Act (NEPA), a 1970 law requiring federal agencies to conduct environmental impact assessments before undertaking major actions that could affect ecosystems or communities. The groups say the military should have prepared an environmental impact statement before seeking to renew permits for hazardous waste disposal at the site.

The dispute has already moved through multiple courts. A federal judge in Guam initially dismissed the case, ruling that the nonprofit plaintiffs lacked legal standing. However, the U.S. Court of Appeals for the Ninth Circuit later revived the lawsuit, finding that the environmental groups had a valid claim and that the Air Force should assess the environmental consequences of its disposal practices.

The U.S. Department of Justice, representing the government under both the Trump and Biden administrations, has argued that the Air Force already complied with environmental rules under the Resource Conservation and Recovery Act, which governs hazardous waste management. Officials warn that requiring additional environmental reviews could burden federal agencies and complicate military permitting processes.

Environmental advocates counter that the case is about protecting Guam’s communities and natural resources. Lawyers for Earthjustice say they will continue defending the rights of residents to safeguard their health, land, and water.

The Supreme Court is expected to hear the case during its next term, beginning in October, with the outcome likely to shape how environmental laws apply to military operations across the United States.

Supreme Court review of hazardous-waste liability shapes how corporate environmental-remediation obligations flow through jurisdictions, and it affects insurer, lender and industrial-corporate positioning across the compliance chain. Our sustainability-due-diligence teams help clients evaluate what these legal frameworks mean for environmental-liability disclosure.