AC Interests, L.P. v. Texas Commission on Environmental Quality
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?
Should the 60-month deadline for using emission reduction credits be equitably tolled?