Department of the Air Force v. Prutehi Guahan.

Basic Summary:

Biden's Congress updated this statute called the National Environmental Policy Act (NEPA) to require pretty much all federal agencies to review the environmental impact of an action before taking said action. That doesn't mean an agency is compelled to take the more environmentally friendly option. They just need to conduct a cost-benefits analysis and explain why they're rejecting the environmentally friendly option. The Air Force has conducted open detonations of World War II era munitions on this beach in Guam for decades. They submit and receive a permit for those detonations from the Guam EPA every 5 years. In 2021, they submitted the routine permit without conducting an environmental review. Pruethi Guahan is a local environmental coalition that brought suit. They argue that the beach is a breeding ground for wildlife, that open detonations disturb nearby sacred grounds, that the Air Force did not consider alternatives to open detonations, and that the Air Force was bound by NEPA to do so. The Air Force argues they aren't bound by NEPA, that there is a more specific statute for waste hazard management that binds them, that there is no better alternative to open detonations, and also that the action is not reviewable by the courts under the Administrative Procedure Act.