No. 23-328

Williams Alaska Petroleum, Inc., et al. v. Alaska, et al.

Lower Court: Alaska
Docketed: 2023-09-28
Status: Denied
Type: Paid
Experienced Counsel
Tags: constitutional-taking due-process environmental-regulation fair-notice hazardous-substance strict-liability takings water-system
Latest Conference: 2024-01-05
Question Presented (from Petition)

1. Whether the Alaska Supreme Court's imposition
of strict liability violated petitioners' right to due process,
when the State had taken the position, while petitioners
owned and operated the refinery, that sulfolane was not
regulated as a "hazardous substance."

2. Whether the award of costs for the expansion of
North Pole's water system violated petitioners' right to
due process and amounted to an unconstitutional taking,
where no drinking well in North Pole had a level of sulfolane shown to be harmful, and where there had been no
showing that the expansion was necessary to prevent
harm from the release of sulfolane.

Question Presented (AI Summary)

Whether the Alaska Supreme Court's imposition of strict liability violated petitioners' right to due process

Docket Entries

2024-01-08
Petition DENIED.
2023-12-13
DISTRIBUTED for Conference of 1/5/2024.
2023-12-13
Reply of petitioners Williams Alaska Petroleum, Inc., et al. filed. (Distributed)
2023-11-29
2023-11-29
2023-10-06
The motions to extend the time to file responses are granted and the time is extended to and including November 29, 2023, for all respondents.
2023-10-05
Motion of respondents Flint Hills to extend the time to file a response from October 30, 2023 to November 29, 2023, submitted to The Clerk.
2023-10-05
Motion of respondent Alaska to extend the time to file a response from October 30, 2023 to November 29, 2023, submitted to The Clerk.
2023-09-25
2023-08-14
Application (23A121) granted by Justice Kagan extending the time to file until September 25, 2023.
2023-08-09
Application (23A121) to extend the time to file a petition for a writ of certiorari from August 24, 2023 to September 25, 2023, submitted to Justice Kagan.

Attorneys

Flint Hills Resources, LLC and Flint Hills Resources Alaska, LLC
Noel John FranciscoJones Day, Respondent
State of Alaska
Laura Frances FoxState of Alaska Department of Law, Respondent
David Andrew WilkinsonAlaska Department of Law, Respondent
Williams Alaska Petroleum, Inc., et al.
Kannon K. ShanmugamPaul, Weiss, Rifkind, Wharton & Garrison LLP, Petitioner