Environmental Protection Agency v. Calumet Shreveport Refining, LLC

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
23-1229	5th Cir.	Mar 25, 2025	TBD	TBD	TBD	OT 2024

Issue: Whether venue for challenges by small oil refineries seeking exemptions from the requirements of the Clean Air Act"s Renewable Fuel Standard program lies exclusively in the U.S. Court of Appeals for the District of Columbia Circuit because the agency"s denial actions are "nationally applicable" or, alternatively, are "based on a determination of nationwide scope or effect."

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Date	Proceedings and Orders (key to color coding)
04/09/2024	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.
04/11/2024	Application (23A903) granted by Justice Alito extending the time to file until May 21, 2024.
05/20/2024	Petition for a writ of certiorari filed. (Response due June 21, 2024)
05/22/2024	Waiver of right of respondents American Coalition for Ethanol; National Corn Growers Association; National Farmers Union to respond filed.
05/22/2024	Letter from American Coalition for Ethanol, et al. received.
06/06/2024	Motion to extend the time to file a response from June 21, 2024 to July 26, 2024, submitted to The Clerk.
06/07/2024	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.
07/11/2024	Motion to extend the time to file a response from July 26, 2024 to August 27, 2024, submitted to The Clerk.
07/12/2024	Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2024.
08/27/2024	Brief of respondents Calumet Shreveport Refining, LLC, et al. in opposition filed. VIDED.
09/11/2024	DISTRIBUTED for Conference of 9/30/2024.
09/11/2024	Reply of petitioner United States Environmental Protection Agency filed. (Distributed)
10/07/2024	DISTRIBUTED for Conference of 10/11/2024.
10/15/2024	DISTRIBUTED for Conference of 10/18/2024.
10/21/2024	Petition GRANTED.
10/28/2024	Motion for an extension of time to file the briefs on the merits filed.
10/31/2024	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.
12/13/2024	Brief of petitioner Environmental Protection Agency filed.
12/13/2024	Joint motion for leave to file the joint appendix under seal filed.
12/13/2024	Joint appendix volume filed under seal.
12/13/2024	Brief of respondents Growth Energy and Renewable Fuels Association supporting petitioner filed.
12/20/2024	Brief amici curiae of NATSO, SIGMA, NACS filed.
12/20/2024	Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
12/20/2024	Brief amici curiae of New York, et al. filed.
12/20/2024	Proof of Service filed with respect to amici curiae of New York, et al.
01/17/2025	Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner.
01/21/2025	Joint motion for leave to file the joint appendix under seal GRANTED.
01/21/2025	Brief of respondents Calumet Shreveport Refining, LLC, et al. filed.
01/24/2025	Motion to hold the briefing schedule in abeyance filed by petitioner Environmental Protection Agency. (Distributed)
01/27/2025	Response in opposition to motion to hold briefing schedule in abeyance from respondents Growth Energy and Renewable Fuels Association filed. (Distributed)
01/27/2025	Response in opposition to motion to hold briefing schedule in abeyance from respondents Calumet Shreveport Refining, LLC, et al. (small refinery respondents) filed. (Distributed)
01/28/2025	Brief amicus curiae of Countrymark Refining and Logistics, LLC filed.
01/28/2025	Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
02/06/2025	Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED.
02/10/2025	SET FOR ARGUMENT on Tuesday, March 25, 2025.
02/11/2025	Record requested from the United States Court of Appeals for the Fifth Circuit.
02/18/2025	Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
02/19/2025	CIRCULATED
02/20/2025	Reply of petitioner Environmental Protection Agency filed. (Distributed)
02/20/2025	Reply of respondents Growth Energy and Renewable Fuels Association in support of petitioner filed. (Distributed)
02/24/2025	Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner GRANTED.
03/25/2025	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.