Supreme Court of the United States · Official docket →
Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-60266, 22-60425, 22-60433, 22-60434 · judgment November 22, 2023
Before the decision, about 14.1× the 4.1% base rate. The model weighted this up for a federal-government petitioner, counsel who has won certiorari before, and a Fifth Circuit decision below, and down for a business respondent.
Question presented
In a pair of final actions, the United States Environmental Protection Agency (EPA) denied 105 petitions filed by small oil refineries seeking exemptions from the requirements of the Clean Air Act's Renewable Fuel Standard program. Six of those refineries petitioned for review of EPA's decisions in the Fifth Circuit, which denied the government's motion for transfer to the D.C. Circuit. The question presented is as follows: Whether venue for the refineries' challenges lies exclusively in the D.C. Circuit because the agency's denial actions are "nationally applicable" or, alternatively, are "based on a determination of nationwide scope or effect." 42 U.S.C. 7607(b)(1).
Counsel of record
For petitioner
D. John Sauer
Solicitor General
For respondent
Shelby Leigh Dyl
Pillsbury Winthrop Shaw Pittman LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
5 merits
(3 supporting pet./neither, 2 respondent)
Argument & decision
Argued March 25, 2025 — Malcolm L. Stewart · Seth P. Waxman · Michael R. Huston. Audio and transcript
Decided June 18, 2025. Opinion by Thomas.
Proceedings
- Jul 21 2025Judgment Issued.
- Jun 18 2025Judgment 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.
- Mar 25 2025Argued. 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.
- Feb 24 2025Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner GRANTED.
- Feb 20 2025Reply of petitioner Environmental Protection Agency filed. (Distributed)
- Feb 20 2025Reply of respondents Growth Energy and Renewable Fuels Association in support of petitioner filed. (Distributed)
- Feb 19 2025CIRCULATED
- Feb 18 2025Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.
- Feb 11 2025Record requested from the United States Court of Appeals for the Fifth Circuit.
- Feb 10 2025SET FOR ARGUMENT on Tuesday, March 25, 2025.
- Feb 06 2025Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED.
- Jan 28 2025Brief amicus curiae of Countrymark Refining and Logistics, LLC filed.
- Jan 28 2025Brief amici curiae of U.S. Senators Mike Lee, et al. filed.
- Jan 27 2025Response in opposition to motion to hold briefing schedule in abeyance from respondents Growth Energy and Renewable Fuels Association filed. (Distributed)
- Jan 27 2025Response in opposition to motion to hold briefing schedule in abeyance from respondents Calumet Shreveport Refining, LLC, et al. (small refinery respondents) filed. (Distributed)
- Jan 24 2025Motion to hold the briefing schedule in abeyance filed by petitioner Environmental Protection Agency. (Distributed)
- Jan 21 2025Joint motion for leave to file the joint appendix under seal GRANTED.
- Jan 21 2025Brief of respondents Calumet Shreveport Refining, LLC, et al. filed.
- Jan 17 2025Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner.
- Dec 20 2024Brief amici curiae of NATSO, SIGMA, NACS filed.
- Dec 20 2024Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.
- Dec 20 2024Brief amici curiae of New York, et al. filed.
- Dec 20 2024Proof of Service filed with respect to amici curiae of New York, et al.
- Dec 13 2024Brief of petitioner Environmental Protection Agency filed.
- Dec 13 2024Joint motion for leave to file the joint appendix under seal filed.
- Dec 13 2024Joint appendix volume filed under seal. (Statement of costs filed.)
- Dec 13 2024Brief of respondents Growth Energy and Renewable Fuels Association supporting petitioner filed.
- Oct 31 2024Motion 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.
- Oct 28 2024Motion for an extension of time to file the briefs on the merits filed.
- Oct 21 2024Petition GRANTED.
- Oct 15 2024DISTRIBUTED for Conference of 10/18/2024.
- Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.
- Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
- Sep 11 2024Reply of petitioner United States Environmental Protection Agency filed. (Distributed)
- Aug 27 2024Brief of respondents Calumet Shreveport Refining, LLC, et al. in opposition filed. VIDED.
- Jul 12 2024Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2024.
- Jul 11 2024Motion to extend the time to file a response from July 26, 2024 to August 27, 2024, submitted to The Clerk.
- Jun 07 2024Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2024, for all respondents.
- Jun 06 2024Motion to extend the time to file a response from June 21, 2024 to July 26, 2024, submitted to The Clerk.
- May 22 2024Waiver of right of respondents American Coalition for Ethanol; National Corn Growers Association; National Farmers Union to respond filed.
- May 22 2024Letter from American Coalition for Ethanol, et al. received.
- May 20 2024Petition for a writ of certiorari filed. (Response due June 21, 2024)
- Apr 11 2024Application (23A903) granted by Justice Alito extending the time to file until May 21, 2024.
- Apr 09 2024Application (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.