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. 30, 2014), click here


American Fuel & Petrochemical Mfrs. Ass'n v. Corey, No. 13-1149

Lower Court: 9th Cir.   

Subject: Commerce Clause

Question(s) Presented: Whether California's Low Carbon Fuel Standard is unconstitutional because it discriminates against out-of-state fuels and regulates interstate and foreign commerce that occurs wholly outside of California.


State of Alaska v. Jewell, No. 13-562

Lower Court: 9th Cir.

Subject: Alaska National Interest Lands Conservation Act

Question(s) Presented: (1.) Whether the Ninth Circuit properly held - in conflict with this Court's decisions - that the federal reserved water rights doctrine authorizes the unprecedented federal takeover of Alaska's navigable waters sanctioned by the 1999 Rule. (2.) Whether the Ninth Circuit properly proceeded on the premise - which also conflicts with this Court's decisions - that ANILCA could be interpreted to federalize navigable waters at all given Congress's silence on the Act's application to navigable waters.