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HollyFrontier Cheyenne Refining, LLC, et al. v. Renewable Fuels Association, et al.

Paid petition · United States Court of Appeals for the Tenth Circuit, No. 18-9533 · judgment January 24, 2020

Decided · June 25, 2021
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

The Renewable Fuel Standard requires refiners, blenders, and importers of transportation fuel to blend increasing amounts of renewable fuels into their products each year. Recognizing that this mandate could harm small refineries, Congress provided that small refineries facing "disproportionate economic hardship" could petition EPA for an exemption "at any time." 42 U.S.C. § 7545(o)(9)(B)(i). The Tenth Circuit, however, interpreted this provision to add an additional requirement, namely that a small refinery may obtain an exemption only when it has received uninterrupted, continuous extensions of the exemption for every year since 2011-an interpretation that excludes nearly all small refineries. Accordingly, the question presented is: In order to qualify for a hardship exemption under § 7545(o)(9)(B)(i) of the Renewable Fuel Standards, does a small refinery need to receive uninterrupted, continuous hardship exemptions for every year since 2011.

Counsel of record

For petitioner
Peter D. Keisler
Sidley Austin LLP

For respondent
Brian H. Fletcher
Acting Solicitor General

Case

Conference history
Distributed for 2 conferences

Amicus briefs
11 merits
(6 supporting pet./neither, 5 respondent)

Argument & decision

Argued April 27, 2021 — Peter D. Keisler · Christopher G. Michel · Matthew W. Morrison. Audio and transcript

Decided June 25, 2021.

Proceedings

  1. Jul 27 2021
    JUDGMENT ISSUED.
  2. Jun 25 2021
    Judgment REVERSED. Gorsuch, J., delivered the opinion of the Court, in which Roberts, C. J., and Thomas, Breyer, Alito, and Kavanaugh, JJ., joined. Barrett, J., filed a dissenting opinion, in which Sotomayor and Kagan, JJ., joined.
  3. Apr 27 2021
    Argued. For petitioners: Peter D. Keisler, Washington, D. C. For federal respondent: Christopher G. Michel, Assistant to the Solicitor General, Department of Justice, Washington, D. C. For private respondents: Matthew W. Morrison, Washington, D. C.
  4. Apr 15 2021
    Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed)
  5. Apr 05 2021
    Motion for divided argument filed by respondents GRANTED.
  6. Mar 31 2021
    Brief amicus curiae of National Biodiesel Board filed. (Distributed)
  7. Mar 31 2021
    Brief amicus curiae of Advanced Biofuels Association filed. (Distributed)
  8. Mar 31 2021
    Brief amici curiae of Growth Energy and American Farm Bureau Federation filed. (Distributed)
  9. Mar 31 2021
    Brief amici curiae of States of Iowa, et al. filed. (Distributed)
  10. Mar 31 2021
    Brief amici curiae of Coalition for Renewable Natural Gas and Producers of Renewables United for Integrity Truth and Transparency filed. (Distributed)
  11. Mar 30 2021
    CIRCULATED
  12. Mar 24 2021
    Brief of Federal Respondent filed.
  13. Mar 24 2021
    Brief of respondents Renewable Fuels Association, et al. filed.
  14. Mar 24 2021
    Motion for divided argument filed by the Acting Solicitor General.
  15. Mar 22 2021
    The record received from the U.S.C.A. 10th Circuit is electronic and located on Pacer. Sealed documents in this record has been received and electronically filed.
  16. Mar 15 2021
    Record requested.
  17. Mar 12 2021
    SET FOR ARGUMENT on Tuesday, April 27, 2021.
  18. Mar 01 2021
    Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
  19. Mar 01 2021
    Brief amici curiae of States of Wyoming, et al., filed.
  20. Mar 01 2021
    Brief amicus curiae of The American Fuel & Petrochemical Manufacturers filed.
  21. Mar 01 2021
    Brief amicus curiae of Small Refineries Coalition filed.
  22. Feb 26 2021
    Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief to be submitted - 3/12/21)
  23. Feb 26 2021
    Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief submitted - March 16, 2021).
  24. Feb 22 2021
    Brief of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed.
  25. Feb 11 2021
    Motion to dispense with printing the joint appendix filed by petitioners HollyFrontier Cheyenne Refining, LLC, et al.
  26. Jan 08 2021
    Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers GRANTED.
  27. Jan 08 2021
    Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC GRANTED.
  28. Jan 08 2021
    Petition GRANTED.
  29. Dec 23 2020
    DISTRIBUTED for Conference of 1/8/2021.
  30. Dec 22 2020
    Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed)
  31. Dec 09 2020
    Brief of respondents Renewable Fuels Association, American Coalition for Ethanol, National Corn Growers Association, National Farmers Union in opposition filed.
  32. Dec 08 2020
    Brief of Federal Respondent in opposition filed.
  33. Nov 12 2020
    Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC.
  34. Nov 12 2020
    Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers.
  35. Nov 11 2020
    Brief amici curiae of States of Wyoming, et al. filed.
  36. Nov 10 2020
    Motion to extend the time to file a response is granted and the time is extended to and including December 14, 2020, for all respondents.
  37. Nov 04 2020
    Motion to extend the time to file a response from November 12, 2020 to December 14, 2020, submitted to The Clerk.
  38. Oct 13 2020
    Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
  39. Sep 16 2020
    MOTION (20M25) DISTRIBUTED for Conference of 10/9/2020.
  40. Sep 04 2020
    Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
  41. Sep 04 2020
    Petition for a writ of certiorari filed. (Response due November 12, 2020)