Prutehi Litekyan: Save Ritidian v. United States Department of the Air Force

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

PRUTEHI LITEKYAN: SAVE No. 22-16613

RITIDIAN,

D.C. No. Plaintiff-Appellant, 1:22-cv-00001 v.

UNITED STATES DEPARTMENT

OF THE AIRFORCE; FRANK

OPINION

KENDALL, Secretary of the Air Force; UNITED STATES

DEPARTMENT OF DEFENSE;

LLOYD AUSTIN, Secretary of Defense,

Defendants-Appellees.

Appeal from the District Court of Guam Frances M. Tydingco-Gatewood, Chief Judge, Presiding Argued and Submitted October 6, 2023 Honolulu, HI Filed February 13, 2025 Before: Marsha S. Berzon, Eric D. Miller, and Lawrence VanDyke, Circuit Judges.

Opinion by Judge Berzon; Dissent by Judge VanDyke SUMMARY *

Environmental Law /Standing / Ripeness

The panel reversed the district court’s dismissal of an action brought by Prutehi Litekyan: Save Ritidian, a nonprofit organization dedicated to protecting natural and cultural resources in Guam, challenging the United States Air Force’s decision to engage in hazardous waste disposal at Tarague Beach on Guam. First, the panel held that Prutehi Litekyan had standing to challenge the Air Force’s decision to go forward with Open…