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 Mar. 25, 2014), click here.

I. FILED

Tuma v. United States of America, No. 13-1152

Lower Court:  5th Cir.

Subject:  Clean Water Act

Question(s) Presented: (1.) Whether the Court should resolve a conflict in the Circuits over whether an appellate court has jurisdiction under 18 U.S.C. § 3742(a) to review a district court's so-called "discretionary" decision not to depart downwards from the Guidelines. (2.) Whether the Court should resolve a conflict in the Circuits over whether, under the Guidelines governing environmental offenses, U.S.S.G §§2Q1.2 and 2Q1.3, environmental contamination is presumed, thus automatically resulting in a 6-level enhancement if an unlawful discharge occurred more than once. (3.) Whether the Court should clarify whether, under Federal Rules of Evidence, Rule 401, evidence is only relevant if it tends to prove an element of the criminal offense or supports an affirmative defense, or whether it is also relevant if it supports the criminal defendant's theory of the defense that the government's witnesses are not telling the truth and the evidence would tend to show that their testimony is improbable.

Rocky Mountain Farmers Union v. Corey, No. 13-1148

Lower Court:  9th Cir.

Subject: Commerce Clause

Question(s) Presented: (1.) California's Low Carbon Fuel Standard, expressly and on its face, treats chemically identical fuels differently based on where they are produced and how far they travel before they are used in California. Did the Ninth Circuit err in concluding that the Low Carbon Fuel Standard does not facially discriminate against interstate commerce? (2.) California's Low Carbon Fuel Standard regulates greenhouse gas emissions occurring in other States by rewarding and punishing industrial and agricultural activity taking place outside California. Did the Ninth Circuit err in concluding that the Low Carbon Fuel Standard is not an extraterritorial regulation?

II. DENIED

Mingo Logan Coal Co. v. United States Environmental Protection Agency, No. 13-599

Lower Court:  D.C. Cir.

Subject:  Clean Water Act

Question(s) Presented: [W]hether, under section 404(c) of the CWA, EPA has the uncabined authority to withdraw disposal site specifications years after the Corps has issued a permit, thereby effectively nullifying a permit properly issued by the Corps.

III. GRANTED

(None.)