As part of the "Environmental & Energy Cert. Petition Watch" project, in the past week, the following EHS-related petitions have been filed, denied, or granted. For a full list of EHS-related cert. petitions submitted from August 2013 through the present (as of January 12, 2014), click here.
I. FILED
Simmons v. Sabine River Authority, No. 13-815
Lower Court: 5th Cir.
Subject: Federal Power Act
Question(s) Presented: "Whether the Federal Power Act preempts Petitioners' property damage tort and takings claims caused by the operation of the licensee of a FERC-licensed dam project, where the provisions of the FPA have explicitly saved and reserved such claims to the property owners."
Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-815.htm
II. DENIED
(None.)
III. GRANTED
CTS Corp. v. Waldburger, No. 13-339
Lower Court: 4th Cir.
Subject: CERCLA
Question(s) Presented: "For certain state-law tort actions involving environmental harms, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) preempts the state statute of limitations' commencement date and replaces it with a delayed commencement date provided by federal law. . . . The question presented is: Did the Fourth Circuit correctly interpret 42 U.S.C. § 9658 to apply to state statutes of repose in addition to state statutes of limitations?"
Source: http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/13-339.htm