The court certifies to the Alaska Supreme Court the question of whether a manufacturer who sells a useful product that uses hazardous substances may be liable as an arranger of hazardous substance disposal under Alaska Statute §46.03.822(a)(4) if the product, when used as designed and installed...

The court holds that a manufacturer that lost its original insurance policies from 1963 to 1965 provided sufficient secondary evidence to prove that the terms of the policies required the insurer to defend and indemnify the manufacturer against bodily injury and property damage claims. The manufactu...

The court holds that it did not need to abstain from hearing an environmental group's motion seeking declaratory and injunctive relief against a landfill operator that violated its state permit and subjected itself to classification as a municipal solid waste landfill under the Resource Conservation...

The court affirms a U.S. Court of Federal Claims' decision that it lacked jurisdiction over an exotic bird breeder's takings and breach of contract claims against the government. In 1989, the breeder entered into a breeding loan agreement with an individual who subsequently became an informant for t...

The court denies a state correctional department's motion for summary judgment regarding complaints by two inmates that while employed in a state prison they were exposed to toxic substances and subjected to hazardous working conditions that violated their Eighth and Fourteenth Amendment rights. The...

The court holds that it lacked subject matter jurisdiction under the Rooker-Feldman doctrine to hear individuals' claim that their due process rights were violated when city officials terminated their building permit without first conducting a hearing or independent investigation on the validity of ...

The court holds that a state environmental agency properly denied a company's application for a permit to expand its municipal solid waste disposal facility. During the pendency of the application, the company was fined for federal tax-related crimes spanning several years, and its three principals ...

The court holds that in the wake of the holding in Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency, 122 S. Ct. 1465, 32 ELR 20627 (2002), the Bureau of Land Management's (BLM's) denial from 1994 to 1998 of applications by oil leaseholders to drill wells in the area of the W...

The court affirms a district court decision that by failing to notify its insurer of a suit and subsequent judgment against it, a Michigan underground storage tank removal company did not trigger coverage or indemnification under its claims-made policy. Although the company never notified its insure...

The court affirms a district court holding that a port authority failed to introduce evidence of physical loss or damage necessary to recover the expense of asbestos abatement at various buildings and structures under its first-party insurance policy. The authority's first-party insurance policies i...