| No. 23-1229 | |
| Title: | Environmental Protection Agency, Petitioner v. Calumet Shreveport Refining, L.L.C., et al. |
| Docketed: | May 22, 2024 |
| Linked with 2 | |
| 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 | |
| Date | 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. |
| Main DocumentProof of Service | |
| 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) |
| PetitionAppendixProof 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. |
| Main DocumentProof of Service | |
| 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. |
| Main Document | |
| 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 11 2024 | DISTRIBUTED for Conference of 9/30/2024. |
| Sep 11 2024 | Reply of petitioner United States Environmental Protection Agency filed. (Distributed) |
| Main DocumentProof of Service | |
| 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. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 20 2024 | Brief amici curiae of NATSO, SIGMA, NACS filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Dec 20 2024 | Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 20 2024 | Brief amici curiae of New York, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| 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. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| 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. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| Jan 28 2025 | Brief amici curiae of U.S. Senators Mike Lee, et al. filed. |
| Main DocumentProof of ServiceCertificate of Word Count | |
| 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) |
| Main DocumentProof of Service | |
| Feb 20 2025 | Reply of respondents Growth Energy and Renewable Fuels Association in support of petitioner filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| 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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| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| D. John Sauer Counsel of Record | Solicitor General United States Department of Justice 950 Pennsylvania Avenue, NW Washington, D 20530-0001 SUPREMECTBRIEFS@USDOJ.GOV | 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 | 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 | 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 | 202-663-6800 |
| Party name: Growth Energy and Renewable Fuels Association | ||
| Other | ||
| Aaron Mark Herzig Counsel of Record | Taft Stettinius & Hollister LLP 425 Walnut Street, Suite 1800 Cincinnati, OH 45202 aherzig@taftlaw.com | (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 | 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 | 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 | 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 | 212-416-8016 |
| Party name: New York, et al. | ||