Prutehi Litekyan: Save Ritidian urging the 9th Circuit to reverse the Guam District Court’s dismissal of their lawsuit against the U.S. Air Force. They’re alleging that the military violated the National Environmental Policy Act in continuing to detonate waste munition out in the open at Tarague Beach at Andersen Air Force base.

Earthjustice Senior Attorney David Henkin argued the case in Hawaii this week. "The sad fact is that while the court is deliberating, there's open detonation that's continuing on Tarague Beach. So the harm is ongoing, which really brings, I hope, the focus to Guam EPA, because Guam EPA has had this permit application before it for almost two and a half years," Henkin told KUAM News.

He added, "And during all of that time, the Air Force has gone forward with detonating bombs on the beach in Tarague. And it's really unconscionable for Guam EPA not to make a decision on that permit. It's inexcusable."

Guam EPA’s Nic Lee told KUAM, “At this time, no record of decision has been issued for AAFB's revised draft open detonation permit. We continue to work with US EPA Region 9 in the review process as we address their comments in the draft permit. This is a lengthy review process that has to consider compliance with local and federal law.”

The Air Force disagrees with the timing of the lawsuit.

Robert Stockman, an attorney representing U.S. Air Force said during the hearing, "So they should raise their NEPA concerns in the RCRA process. And when the permit is reviewed, they should brief those concerns."

Federal judge Marsha Berzon responded, "The whole point that's being made here by our opponent is that the decision has been made and the whole point of the NEPA is to have the process before the decision has been made by the federal agency. Guam is not the federal agency. It's not it's definitely not a major federal action because it's not being made by the federal government."

Stockman replied, "So the the thing is, they, I think that that does… they would like a NEPA process to occur. Plaintiffs often want a NEPA process to occur. To establish that a NEPA process must have occurred they have to challenge a final agency action. It has to be a major federal action. We don't believe they've met that burden."

Supporters from Guam and Hawaii showed up to the hearing wearing green in a show of solidarity.

PLSR's Monaeka Flores said, "We're really at the center of the climate catastrophe. And these things are all compounding, watching the military destroy our land and our resources in real time, seeing this level of destruction in Hawaii in real time. And we're not talking about recently. We're talking about for many decades now. You know, all of those environmental challenges in Hawaii and all of the environmental challenges here in Guam make us more vulnerable, exacerbate our risks in the climate catastrophe."

It could take the court up to a year to decide the case.