Pago Pago, AMERICAN SAMOA — Eighteen community-based environmental and cultural organizations from across all five territories have joined together in a Supreme Court filing urging that the U.S. Air Force be required to follow federal environmental and community engagement standards when making decisions about the open detonation of dangerous explosives that present significant risks to ecologically and culturally significant areas.

The groups are represented by Right to Democracy, a non-profit organization that seeks to advance democracy and self-determination in U.S. territories. The amicus brief was filed in support of a legal challenge brought by Prutehi Guåhan and EarthJustice, which will be heard by the Supreme Court on October 7, 2026.

Sabrina Suluai-Mahuka, Founder and Chair, Finafinau (American Samoa) said, “The public participation afforded by National Environmental Policy Act (NEPA) is critical to people in the territories. This isn't just about one project. It's about protecting the public's right to be heard before decisions with lasting consequences are made, especially as the federal government considers other extractive activities like deep-sea mining in our islands.”

Maria Hernandez, Co-Executive Director of the Micronesia Climate Change Alliance (MCCA), which helped organize the brief, explained what’s at stake: “This case is merely the most recent example of how the legacy of military contamination continues to affect communities across Guam and other territories.

“We are proud to represent community organizations in the territories to make the case that when the U.S. military is developing plans to dispose of explosives and other toxic materials, it must seek public input and conduct environmental studies before any decisions are made,” said Neil Weare, Co-Director of Right to Democracy and one of the lead attorneys on the brief. “The Air Force argument that less ecological and community review are required when it disposes of hazardous waste than when it builds roads or warehouses defies not just federal law, but common sense.”

The organizations argue that the Air Force must follow two federal environmental laws, the National Environmental Protection Act (NEPA) and the Resource Conservation and Recovery Act (RCRA), which offer complementary legal frameworks that help advance meaningful environmental review and community participation. They also highlight how a history of undemocratic governance in each territory makes these procedural protections even more important. Finally, they emphasize that denying community participation and environmental review would conflict with U.S. international commitments to “Non-Self-Governing Territories” and Indigenous communities.

“The federal government continues to deny people in the territories their basic political rights and self-determination. NEPA's public participation process is one of the only mechanisms local communities have for influencing federal decisions that affect their lives and lands,” said Adi Martínez-Roman, Co-Director of Right to Democracy. “As the history of each of our communities demonstrates, this case is important not just for Guam, but for every U.S. territory.”

American Samoa community organizations involved include:

•         Finafinau
•         Pacific Global Citizens Inc.
•         Puipui Measina A Amerika Samoa