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 27, 2014), click here.
FINR II, Inc. v. CF Industries, Inc., No. 13-636
Lower Court: Florida First District Court of Appeal
Subject: Due Process Clause
Question(s) Presented: Does the due process clause of the Fifth and Fourteenth Amendments to the United States Constitution guarantee a private property owner the right to present evidence in a state administrative hearing concerning the impacts of activities authorized under a state environmental permit on its property rights?
Bankert v. Bernstein, No. 13-568
Lower Court: 7th Cir.
Question(s) Presented: (1.) Whether the triggering event for a right to contribution under § 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9613(f)(3)(B), occurs at the completion of environmental clean-up order under a consent decree with the United States as opposed to the entry of the settlement. (2.) Whether contribution rights under § 113(f)(3)(B) of the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"), 42 U.S.C. § 9613(f)(3)(B), are unavailable to a potentially responsible party when that potentially responsible party enters into a settlement decree with the United States but has not yet fully performed its settlement obligation, but has an effective covenant not to sue if it complies with the settlement. (3.) Whether the Respondents' Indiana state law claims were barred by the statute of limitations.