Petition of the day
on Apr 30, 2014 at 10:10 pm
The petition of the day is:
Issue: (1) Whether Calderon v. Thompson bars a circuit court from reconsidering an issue after the time in which to seek rehearing in the circuit court and certiorari in this Court has passed, and where this Court relied on the finality of the circuit court decision in exercising its jurisdiction; and (2) whether a multi-jurisdiction municipal stormwater permit issued under the Clean Water Act can be construed to impose liability on a co-permittee without evidence that the co-permittee discharged pollutants in violation of the permit, where federal regulations provide that each co-permittee is only responsible for its own discharges and where the monitoring specified in the permit measures pollutants discharged by multiple upstream sources without any means to measure the contribution of any individual co-permittee.
