Berg v. Popham

OPINION

CARPENETI, Justice.

I. INTRODUCTION

The Ninth Circuit has certified the following two questions to this court:

1. Alaska Statute section 46.03.822(a)(4), in contrast to 42 U.S.C. § 9607(a)(3), contains the word “or” preceding the phrase “by any other party or entity.” In light of the inclusion of the word “or,” does section 46.03.822(a)(4) require that a person own, possess, have “authority to control,” or “have a duty to dispose of’ the hazardous substance that is released, before that entity can be subject to arranger liability as is required under 42 U.S.C. § 9607(a)(3)?

2. If the…