No. 22-48

AC Interests, L.P. v. Texas Commission on Environmental Quality

Lower Court: Texas
Docketed: 2022-07-19
Status: Denied
Type: Paid
Response Waived
Tags: administrative-law civil-rights clean-air-act due-process emission-reduction-credits equitable-tolling mootness takings takings-clause
Latest Conference: 2022-09-28
Question Presented (from Petition)

1. Should Common Law allow the 60-month deadline for using emission reduction credits to be equitably tolled while a party seeks to establish the right to those credits in the trial and appellate courts?

2. Whether the Due Process Clause of the Fifth and Fourteenth Amendments allows the 60-month deadline for using emission reduction credits to be tolled while a party seeks to establish the right to those credits in trial and appellate courts?

3. Whether the TCEQ's 60-month Emission Credit "lifetime" is in violation of the Federal Clean Air Act?

4. Whether the "mootness" determination by the Texas Supreme Court and First Court of Appeals violates AC Interests' Due Process rights under the Fifth and Fourteenth Amendments?

5. Whether the $2,715,600 Emission Credit value that the TCEQ cost AC Interests is a "Taking" under the Takings Clause of the Fifth Amendment?

Question Presented (AI Summary)

Should the 60-month deadline for using emission reduction credits be equitably tolled?

Docket Entries

2022-10-03
Petition DENIED.
2022-08-24
DISTRIBUTED for Conference of 9/28/2022.
2022-08-16
Waiver of right of respondent TX Commission on Environmental Quality to respond filed.
2022-07-16
Petition for a writ of certiorari filed. (Response due August 18, 2022)

Attorneys

AC Interests, L.P.
Claude William Smalling IIIThe Law Office of C. William Smalling, P.C., Petitioner
TX Commission on Environmental Quality
Priscilla M. HubenakTX Attorney General's Office, Respondent