Justice Gorsuch Corrects DOJ Lawyer on Statutory Interpretation During Supreme Court Arguments
During Supreme Court oral arguments, Justice Neil Gorsuch intervened to correct Sopan Joshi, an assistant to the solicitor general representing the Department of the Air Force. The case, Department of the Air Force v. Prutehi Guahan, centers on whether the Air Force must conduct an environmental study before applying for a permit to burn old explosives and munitions. Joshi argued that two federal statutes, the Resource Conservation and Recovery Act (RCRA) and the National Environmental Policy Act (NEPA), are inconsistent, with RCRA displacing NEPA's environmental analysis requirements. Justice Gorsuch interrupted Joshi, clarifying that he had not used the term 'inconsistent' but rather emphasized the Court's usual approach: if compliance with both of Congress's commands is possible, then both should be followed to avoid conflict. This exchange highlighted a key point of contention regarding the interpretation of federal environmental laws and their application to military activities.