No. 23-1229
 
Title: Environmental Protection Agency, Petitioner
v.
Calumet Shreveport Refining, L.L.C., et al.
Docketed: May 22, 2024
Linked with: 23A903
Lower Ct: United States Court of Appeals for the Fifth Circuit
   Case Numbers: (22-60266, 22-60425, 22-60433, 22-60434)
   Decision Date: November 22, 2023
   Rehearing Denied: January 22, 2024
Questions Presented
 
Proceedings and Orders
Apr 09 2024 Application (23A903) to extend the time to file a petition for a writ of certiorari from April 21, 2024 to May 21, 2024, submitted to Justice Alito.
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Apr 11 2024 Application (23A903) granted by Justice Alito extending the time to file until May 21, 2024.
May 20 2024 Petition for a writ of certiorari filed. (Response due June 21, 2024)
Petition Appendix Proof of Service
May 22 2024 Waiver of right of respondents American Coalition for Ethanol; National Corn Growers Association; National Farmers Union to respond filed.
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May 22 2024 Letter from American Coalition for Ethanol, et al. received.
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Jun 06 2024 Motion to extend the time to file a response from June 21, 2024 to July 26, 2024, submitted to The Clerk.
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Jun 07 2024 Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2024, for all respondents.
Jul 11 2024 Motion to extend the time to file a response from July 26, 2024 to August 27, 2024, submitted to The Clerk.
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Jul 12 2024 Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2024.
Aug 27 2024 Brief of respondents Calumet Shreveport Refining, LLC, et al. in opposition filed. VIDED.
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Sep 11 2024 DISTRIBUTED for Conference of 9/30/2024.
Sep 11 2024 Reply of petitioner United States Environmental Protection Agency filed. (Distributed)
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Oct 07 2024 DISTRIBUTED for Conference of 10/11/2024.
Oct 15 2024 DISTRIBUTED for Conference of 10/18/2024.
Oct 21 2024 Petition GRANTED.
Oct 28 2024 Motion for an extension of time to file the briefs on the merits filed.
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Oct 31 2024 Motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits and the joint appendix is extended to and including December 13, 2024. The time to file respondents' briefs on the merits is extended to and including January 21, 2025.
Dec 13 2024 Brief of petitioner Environmental Protection Agency filed.
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Dec 13 2024 Joint motion for leave to file the joint appendix under seal filed.
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Dec 13 2024 Joint appendix volume filed under seal. (Statement of costs filed.)
Dec 13 2024 Brief of respondents Growth Energy and Renewable Fuels Association supporting petitioner filed.
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Dec 20 2024 Brief amici curiae of NATSO, SIGMA, NACS filed.
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Dec 20 2024 Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
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Dec 20 2024 Brief amici curiae of New York, et al. filed.
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Dec 20 2024 Proof of Service filed with respect to amici curiae of New York, et al.
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Jan 17 2025 Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner.
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Jan 21 2025 Joint motion for leave to file the joint appendix under seal GRANTED.
Jan 21 2025 Brief of respondents Calumet Shreveport Refining, LLC, et al. filed.
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Jan 24 2025 Motion to hold the briefing schedule in abeyance filed by petitioner Environmental Protection Agency. (Distributed)
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Jan 27 2025 Response in opposition to motion to hold briefing schedule in abeyance from respondents Growth Energy and Renewable Fuels Association filed. (Distributed)
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Jan 27 2025 Response in opposition to motion to hold briefing schedule in abeyance from respondents Calumet Shreveport Refining, LLC, et al. (small refinery respondents) filed. (Distributed)
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Jan 28 2025 Brief amicus curiae of Countrymark Refining and Logistics, LLC filed.
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Jan 28 2025 Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
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Feb 06 2025 Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED.
Feb 10 2025 SET FOR ARGUMENT on Tuesday, March 25, 2025.
Feb 11 2025 Record requested from the United States Court of Appeals for the Fifth Circuit.
Feb 18 2025 Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
Feb 19 2025 CIRCULATED
Feb 20 2025 Reply of petitioner Environmental Protection Agency filed. (Distributed)
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Feb 20 2025 Reply of respondents Growth Energy and Renewable Fuels Association in support of petitioner filed. (Distributed)
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Feb 24 2025 Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner GRANTED.
Mar 25 2025 Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Growth Energy and Renewable Fuels Association in support of petitioner: Seth P. Waxman, Washington, D. C. For respondents Calumet Shreveport Refning, L.L.C., et al.: Michael R. Huston, Phoenix, Ariz.
Jun 18 2025 Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Alito, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., joined.
Jul 21 2025 Judgment Issued.
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Attorneys
Attorneys for Petitioners
D. John Sauer
Counsel of Record
Solicitor General
United States Department of Justice
950 Pennsylvania Avenue, NW
Washington, DC 20530-0001

SUPREMECTBRIEFS@USDOJ.GOV
Ph: 202-514-2217
Party name: United States Environmental Protection Agency


Attorneys for Respondents
Shelby Leigh Dyl
Counsel of Record
Pillsbury Winthrop Shaw Pittman LLP
1700 Seventeenth St NW
Washignton, DC 20036

shelby.dyl@pillsburylaw.com
Ph: 2026639010
Party name: American Coalition for Ethanol; National Corn Growers Association; National Farmers Union


Michael Robert Huston
Counsel of Record
Perkins Coie LLP
2525 E. Camelback Road
Suite 500
Phoenix, AZ 85016

mhuston@perkinscoie.com
Ph: 202-434-1630
Party name: Calumet Shreveport Refining, LLC; Placid Refining Company, LLC; Wynnewood Refining Company, LLC; Ergon Refining, Inc.; Ergon-West Virginia, Inc.; San Antonio Refinery, LLC;


Seth P. Waxman
Counsel of Record
Wilmer Cutler Pickering Hale and Dorr LLP
2100 Pennsylvania Ave, NW
Washington, DC 20037

SETH.WAXMAN@WILMERHALE.COM
Ph: 202-663-6800
Party name: Growth Energy and Renewable Fuels Association


Other Attorneys
Aaron Mark Herzig
Counsel of Record
Taft Stettinius & Hollister LLP
425 Walnut Street, Suite 1800
Cincinnati, OH 45202

aherzig@taftlaw.com
Ph: (513) 381-2828
Party name: Countrymark Refining and Logistics, LLC


Hyland Hunt
Counsel of Record
Deutsch Hunt, PLLC
300 New Jersey Ave., NW
Suite 300
Washington, DC 20001

HHUNT@DEUTSCHHUNT.COM
Ph: 2028686915
Party name: NATSO, SIGMA, NACS


Jeremy Charles Marwell
Counsel of Record
Vinson & Elkins LLP
2200 Pennsylvania Avenue, NW, Suite 500W
Washington, DC 20037

JMARWELL@VELAW.COM
Ph: 202-639-6507
Party name: Chamber of Commerce of the United States of America


R. Trent McCotter
Counsel of Record
Separation of Powers Clinic,Columbus School of Law
3600 John McCormack Rd.
Washington, DC 20064

mccotter@cua.edu
Ph: 202-706-5488
Party name: U.S. Senators Mike Lee, Bill Cassidy, M.D., and Ted Budd


Barbara Dale Underwood
Counsel of Record
Solicitor General
Office of the Attorney General
28 Liberty Street
New York, NY 10005-1400

BARBARA.UNDERWOOD@AG.NY.GOV
Ph: 212-416-8016
Party name: New York, et al.