Supreme Court of the United States · Official docket →
Growth Energy v. American Fuel & Petrochemical Manufacturers, et al.
Paid petition · United States Court of Appeals for the District of Columbia Circuit, No. 19-1124 · judgment July 2, 2021
Before the decision, about 4.5× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a D.C. Circuit decision below, and a circuit split argued in the petition.
Question presented
The Clean Air Act prohibits the summertime sale of gasoline whose volatility, measured in Reid Vapor Pressure, exceeds 9 pounds per square inch. 42 U.S.C. § 7545(h)(1). Blending ethanol into gasoline increases the gasoline’s volatility. So, to promote the use of ethanol in gasoline, the Act includes an “[e]thanol waiver” that increases the summertime volatility limit by 1 pound per square inch “[f]or fuel blends containing gasoline and 10 percent denatured anhydrous ethanol.” 42 U.S.C. § 7545(h)(4). The question presented is: Whether the United States Environmental Protection Agency may interpret the ethanol-waiver provision in 42 U.S.C. § 7545(h)(4) to apply to fuel blends whose concentration of ethanol exceeds 10 percent. (i)
Counsel of record
For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP
For respondent
Elizabeth Boucher Dawson
Crowell & Moring LLP
Case
Conference history
Distributed for 1 conference
Proceedings
- Jan 10 2022Petition DENIED.
- Dec 22 2021DISTRIBUTED for Conference of 1/7/2022.
- Dec 21 2021Reply of petitioner Growth Energy filed. (Distributed)
- Dec 08 2021Brief of respondent United States Environmental Protection Agency in opposition filed.
- Nov 09 2021Motion to extend the time to file a response is granted and the time is extended to and including December 8, 2021.
- Nov 08 2021Motion to extend the time to file a response from November 8, 2021 to December 8, 2021, submitted to The Clerk.
- Nov 03 2021Waiver of right of respondents American Petroleum Institute; American Motorcyclist Association; Citizens Concerned About E15; Coalition of Fuel Marketers; National Marine Manufacturers Association to respond filed.
- Oct 28 2021Waiver of right of respondents American Fuel & Petrochemical Manufacturers to respond filed.
- Oct 25 2021Brief of respondents Urban Air Initiative, Inc., et al. in support filed.
- Oct 07 2021Waiver of right of respondents Renewable Fuels Association; National Corn Growers Association to respond filed.
- Oct 04 2021Petition for a writ of certiorari filed. (Response due November 8, 2021)