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Environmental Law

  • Williams Alaska Petroleum, Inc. v. State
    ENVIRONMENTAL LAW Supreme Court of Alaska (2023) Hannah Berg In Williams Alaska Petroleum Inc. v. State, 529 P.3d 1160 (Alaska 2023), the supreme court held that sulfolane is a hazardous substance pursuant to Alaska Statute (AS) 46.03.826(5)(A) of the Environmental Conservation Act. (Id. at 1177). Williams Alaska Petroleum, Inc. and The Williams Companies, Inc. operated a North Pole ...
  • Center for Biological Diversity v. United States Fish & Wildlife Service
    ENVIRONMENTAL LAW United States Court of Appeals, 9th Circuit (2023) Catherine Cole In Center for Biological Diversity v. United States Fish & Wildlife Service, 67 F.4th 1027 (9th Cir. 2023), the Ninth Circuit decided a government entity’s designations of areas as either an occupied critical habitat or as an unoccupied critical habitat were arbitrary and capricious decisions. (Id. ...
  • In re Clean Water Act Rulemaking
    ADMINISTRATIVE LAW; ENVIRONMENTAL LAW United States Court of Appeals, 9th Circuit (2023) Katie Raya In In re Clean Water Act Rulemaking, 60 F.4th 583 (9th Cir. 2023), the 9th Circuit held that courts may not vacate agency actions in conjunction with granting requests for voluntary remands without first holding the agency action unlawful. (Id. at 588). The case ...
  • Safari Club International v. Haaland
    ENVIRONMENTAL LAWUnited States Court of Appeals, Ninth Circuit (2022)Kristiana OlsonIn Safari Club International v. Haaland, 31 F.4th 1157 (9th Cir. 2022), the court held that theAlaska National Interest Lands Conservation Act (ANILCA) preserves the federal government’sauthority over Alaska’s public lands. (Id. at 1165). In 2013, Alaska expanded access to brown bearhunting. (Id. at 1166). The ...
  • United States v. Alaska
    ENVIRONMENTAL LAWUnited States District Court, District of Alaska (2022)Sam MacDuffieIn United States v. Alaska, 608 F. Supp. 3d 802 (D. Alaska 2022), the court granted the UnitedStates’ motion for preliminary injunction of an Alaskan state order allowing any Alaskan to gillnetfish in the Kuskokwim River. (Id. at 814). The federal Alaska National Interest LandsConservation Act ...
  • Alaska Wildlife Alliance v. Haaland
    ENVIRONMENTAL LAWUnited States District Court, District of Alaska (2022)Joseph PerryIn Alaska Wildlife Alliance v. Haaland, 2022 WL 17422412 (D. Alaska 2022), the district courtheld unlawful a National Park Service (NPS) rule permitting certain hunting practices on NationalPreserve land in Alaska on the grounds that it was an arbitrary and capricious abuse of NPS’spower. (Id. at ...
  • Cook Inlet Fisherman’s Fund v. Department of Fish and Game
    ENVIRONMENTAL LAW Supreme Court of Alaska (2022) Anighya H.D. Crocker In Cook Inlet Fisherman’s Fund v. Department of Fish and Game, 514 P.3d 1259 (Alaska 2022), the supreme court held that (1) the Alaska Statehood Act did not impose specific ongoing federal requirements on fishery management in state waters, (Id. at 1255–56), and (2) Alaska was not required ...
  • French v. State, Alaska Oil & Gas Conservation Commission
    ENVIRONMENTAL LAW Megan Mason Dister In French v. Alaska Oil & Gas Conservation Commission, 498 P.3d 1026 (Alaska 2021), the supreme court held that the Alaska Oil and Gas Conservation Commission (AOGCC) has jurisdiction over determining if a gas leak is waste and the AOGCC’s hearings must be supported by substantial evidence. (Id. at 1028). French petitioned ...
  • PLC, LLC v. State, Department of Natural Resources
    ENVIRONMENTAL LAW Megan Mason Dister In PLC, LLC v. State, Department of Natural Resources, 484 P.3d 572 (Alaska 2021), the supreme court held that a company that held an overriding royalty interest (ORRI) in a state oil and gas lease had standing to challenge a Department of Natural Resources (DNR) decision on the unit operator’s proposal for ...

Environmental Law

  • Williams Alaska Petroleum, Inc. v. State
    ENVIRONMENTAL LAW Supreme Court of Alaska (2023) Hannah Berg In Williams Alaska Petroleum Inc. v. State, 529 P.3d 1160 (Alaska 2023), the supreme court held that sulfolane is a hazardous substance pursuant to Alaska Statute (AS) 46.03.826(5)(A) of the Environmental Conservation Act. (Id. at 1177). Williams Alaska Petroleum, Inc. and The Williams Companies, Inc. operated a North Pole ...
  • Center for Biological Diversity v. United States Fish & Wildlife Service
    ENVIRONMENTAL LAW United States Court of Appeals, 9th Circuit (2023) Catherine Cole In Center for Biological Diversity v. United States Fish & Wildlife Service, 67 F.4th 1027 (9th Cir. 2023), the Ninth Circuit decided a government entity’s designations of areas as either an occupied critical habitat or as an unoccupied critical habitat were arbitrary and capricious decisions. (Id. ...
  • In re Clean Water Act Rulemaking
    ADMINISTRATIVE LAW; ENVIRONMENTAL LAW United States Court of Appeals, 9th Circuit (2023) Katie Raya In In re Clean Water Act Rulemaking, 60 F.4th 583 (9th Cir. 2023), the 9th Circuit held that courts may not vacate agency actions in conjunction with granting requests for voluntary remands without first holding the agency action unlawful. (Id. at 588). The case ...
  • Safari Club International v. Haaland
    ENVIRONMENTAL LAWUnited States Court of Appeals, Ninth Circuit (2022)Kristiana OlsonIn Safari Club International v. Haaland, 31 F.4th 1157 (9th Cir. 2022), the court held that theAlaska National Interest Lands Conservation Act (ANILCA) preserves the federal government’sauthority over Alaska’s public lands. (Id. at 1165). In 2013, Alaska expanded access to brown bearhunting. (Id. at 1166). The ...
  • United States v. Alaska
    ENVIRONMENTAL LAWUnited States District Court, District of Alaska (2022)Sam MacDuffieIn United States v. Alaska, 608 F. Supp. 3d 802 (D. Alaska 2022), the court granted the UnitedStates’ motion for preliminary injunction of an Alaskan state order allowing any Alaskan to gillnetfish in the Kuskokwim River. (Id. at 814). The federal Alaska National Interest LandsConservation Act ...
  • Alaska Wildlife Alliance v. Haaland
    ENVIRONMENTAL LAWUnited States District Court, District of Alaska (2022)Joseph PerryIn Alaska Wildlife Alliance v. Haaland, 2022 WL 17422412 (D. Alaska 2022), the district courtheld unlawful a National Park Service (NPS) rule permitting certain hunting practices on NationalPreserve land in Alaska on the grounds that it was an arbitrary and capricious abuse of NPS’spower. (Id. at ...
  • Cook Inlet Fisherman’s Fund v. Department of Fish and Game
    ENVIRONMENTAL LAW Supreme Court of Alaska (2022) Anighya H.D. Crocker In Cook Inlet Fisherman’s Fund v. Department of Fish and Game, 514 P.3d 1259 (Alaska 2022), the supreme court held that (1) the Alaska Statehood Act did not impose specific ongoing federal requirements on fishery management in state waters, (Id. at 1255–56), and (2) Alaska was not required ...
  • French v. State, Alaska Oil & Gas Conservation Commission
    ENVIRONMENTAL LAW Megan Mason Dister In French v. Alaska Oil & Gas Conservation Commission, 498 P.3d 1026 (Alaska 2021), the supreme court held that the Alaska Oil and Gas Conservation Commission (AOGCC) has jurisdiction over determining if a gas leak is waste and the AOGCC’s hearings must be supported by substantial evidence. (Id. at 1028). French petitioned ...
  • PLC, LLC v. State, Department of Natural Resources
    ENVIRONMENTAL LAW Megan Mason Dister In PLC, LLC v. State, Department of Natural Resources, 484 P.3d 572 (Alaska 2021), the supreme court held that a company that held an overriding royalty interest (ORRI) in a state oil and gas lease had standing to challenge a Department of Natural Resources (DNR) decision on the unit operator’s proposal for ...