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Hazardous wastes & substances

Aulukestai v. Alaska

The Supreme Court of Alaska held that the state's Department of Natural Resources should have provided public notice before issuing land and water use permits allowing intensive mineral exploration in the prospective Pebble Mine. The...

Hughes v. Treadwell

The Supreme Court of Alaska upheld a ballot initiative that would require legislative approval of the any new large-scale metallic sulfide mining operation—the Pebble Mine gold and copper project—in the Bristol Bay watershed. Despite...

Asphalt Contractors, Inc. v. Alabama Department of Transportation

The Alabama Supreme Court held that a property owner may go forward with its inverse condemnation claim against the director of the state transportation agency for allowing contaminated water to be pumped onto the owner's land. Although...

Sullivan v. Resisting Environmental Destruction on Indigenous Lands

The Alaska Supreme Court held that neither the Alaska Constitution nor the Alaska Land Act require the state's natural resources agency to issue a written best interest finding at each step of an oil and gas development project. The Act...

Alaska v. United States Department of Agriculture

A district court dismissed as untimely Alaska's lawsuit challenging the 2001 roadless rule, which prohibits roadwork and timber harvesting on 58.5 million acres of national forest, including 14.7 million acres of the Tongass and Chugach...

Southeast Conference v. Vilsack

A district court granted the United States’ motion for summary judgment to find that certain timber harvesting provisions of a forest management plan did not violate the Alaska National Interest Lands Conservation Act (ANILCA) and the...

Pebble Ltd. Partnership v. Parnell

The Alaska Supreme Court held that a proposed clean water initiative relating to the regulation of large-scale metallic mineral mines was constitutionally and statutorily permissible and was qualified to appear on a statewide 2008...

Whittier Properties, Inc. v. Alaska Nat'l Ins. Co.

The Alaska Supreme Court held that gasoline leaked from the broken fill pipe of an underground storage tank (UST) is a "pollutant" under the absolute pollution exclusion contained in the tank owner's commercial liability insurance...

Alaska v. EPA

The court holds that the U.S. Environmental Protection Agency (EPA) did not abuse its discretion or act arbitrarily or capriciously in invalidating a state-granted prevention of significant deterioration (PSD) permit and finding that a...

The Plaintiff's Burden in CERCLA Contribution Actions: Unscrambling the First Circuit's Acushnet Decision

In Acushnet Co. v. Mohasco Corp.,2 the U.S. Court of Appeals for the First Circuit affirmed a district court's action in granting summary judgment to defendants on their C3100 contribution claims without...

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