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Environmental & Energy Cert. Petition Watch

Environmental & Energy Cert. Petition Watch

By:  Alexander J. Bandza

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 February 9, 2014), click here.


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.

State of Oklahoma v. United States Environmental Protection Agency, No. 13-921

Lower Court: 10th Cir.

Subject: Clean Air Act

Question(s) Presented: The Regional Haze Program of the Clean Air Act allocates to the States the task of fashioning and then implementing plans to improve the aesthetic quality of air over certain federal lands. The question presented is whether, despite that allocation of powers to the States, the United States Environmental Protection Agency may nonetheless conduct a de novo review of the State of Oklahoma's plan, in conflict with both the limited authority granted to the agency under the Act and decisions of this and other courts that have recognized the primary role given to the States in implementing the Clean Air Act.