from the United States Court of Appeals for the Fifth Circuit
See other cases from the Fifth Circuit.
Judgment Issued.
Judgment VACATED and case REMANDED. Thomas, J., delivered the <a href = 'https://www.supremecourt.gov/opinions/24pdf/23-1229_c0ne.pdf'>opinion</a> 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.
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.
Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner GRANTED.
Reply of petitioner Environmental Protection Agency filed. (Distributed)
Reply of respondents Growth Energy and Renewable Fuels Association in support of petitioner filed. (Distributed)
CIRCULATED
Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
Record requested from the United States Court of Appeals for the Fifth Circuit.
SET FOR ARGUMENT on Tuesday, March 25, 2025.
Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED.
Brief amicus curiae of Countrymark Refining and Logistics, LLC filed.
Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
Response in opposition to motion to hold briefing schedule in abeyance from respondents Growth Energy and Renewable Fuels Association filed. (Distributed)
Response in opposition to motion to hold briefing schedule in abeyance from respondents Calumet Shreveport Refining, LLC, et al. (small refinery respondents) filed. (Distributed)
Motion to hold the briefing schedule in abeyance filed by petitioner Environmental Protection Agency. (Distributed)
Brief of respondents Calumet Shreveport Refining, LLC, et al. filed.
Joint motion for leave to file the joint appendix under seal GRANTED.
Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner.
Proof of Service filed with respect to amici curiae of New York, et al.
Brief amici curiae of New York, et al. filed.
Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
Brief amici curiae of NATSO, SIGMA, NACS filed.
Brief of respondents Growth Energy and Renewable Fuels Association supporting petitioner filed.
Brief of petitioner Environmental Protection Agency filed.
Joint motion for leave to file the joint appendix under seal filed.
Joint appendix volume filed under seal. (Statement of costs filed.)
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.
Motion for an extension of time to file the briefs on the merits filed.
Petition GRANTED.
Reply of petitioner United States Environmental Protection Agency filed. (Distributed)
Brief of respondents Calumet Shreveport Refining, LLC, et al. in opposition filed. VIDED.
Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2024.
Motion to extend the time to file a response from July 26, 2024 to August 27, 2024, submitted to The Clerk.
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.
Motion to extend the time to file a response from June 21, 2024 to July 26, 2024, submitted to The Clerk.
Letter from American Coalition for Ethanol, et al. received.
Waiver of right of respondents American Coalition for Ethanol; National Corn Growers Association; National Farmers Union to respond filed.
Petition for a writ of certiorari filed. (Response due June 21, 2024)
Application (23A903) granted by Justice Alito extending the time to file until May 21, 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.
United States Environmental Protection Agency, Petitioner, represented by D. John Sauer
American Coalition for Ethanol; National Corn Growers Association; National Farmers Union, Respondent, represented by Shelby Leigh Dyl
Calumet Shreveport Refining, LLC; Placid Refining Company, LLC; Wynnewood Refining Company, LLC; Ergon Refining, Inc.; Ergon-West Virginia, Inc.; San Antonio Refinery, LLC;, Respondent, represented by Michael Robert Huston
Growth Energy and Renewable Fuels Association, Respondent, represented by Seth P. Waxman
Chamber of Commerce of the United States of America, Amicus Curiae, represented by Jeremy Charles Marwell
Countrymark Refining and Logistics, LLC, Amicus Curiae, represented by Aaron Mark Herzig
NATSO, SIGMA, NACS, Amicus Curiae, represented by Hyland Hunt
New York, et al., Amicus Curiae, represented by Barbara Dale Underwood
U.S. Senators Mike Lee, Bill Cassidy, M.D., and Ted Budd, Amicus Curiae, represented by R. Trent McCotter