By: Alexander J. Bandza

As part of the "Environmental & Energy Cert. Petition Watch" project, in the past two weeks, 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 Apr. 13, 2014), click here.

I. FILED

Missouri Gas Energy v. Kansas Division of Property Valuation, No. 13-1216

Lower Court: Kansas Supreme Court

Subject: Commerce Clause

Question(s) Presented: Whether a state may, consistent with the dormant Commerce Clause, impose an ad valorem tax on natural gas that is being transported through interstate commerce but temporarily stored in the state by a common carrier, even though the taxpayer has no control over where the gas is stored and no other connection with the state.

II. DENIED

Huron Mountain Club v. United States Army Corps of Engineers, No. 13-920

Lower Court: 6th Cir.

Subject: Clean Water Act

Question(s) Presented: (1.) Whether a federal agency's failures to acknowledge its direct, and derivative, jurisdictional responsibilities are subject to judicial review and resolution. (2.) Whether a federal agency's fundamental failure to acknowledge its jurisdiction, is distinct from "enforcement" decisions the agency subsequently can make after acknowledging that jurisdiction.

III. GRANTED

(None.)