Supreme Court of the United States · Official docket →
Growth Energy, et al. 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, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a Fifth Circuit decision below, and down for a business respondent.
Question presented
Whether an action by the Environmental Protection Agency is “nationally applicable” or “based on a determination of nationwide scope or effect” for purposes of laying venue under 42 U.S.C. §7607(b)(1) when the action uses a common legal requirement and a general factual finding to resolve all pending “small refinery” petitions for exemption from annual obligations under the Renewable Fuel Program irrespective of the petitioning refineries’ location. PARTIES TO THE PROCEEDING Petitioners, intervenors below, are Growth Energy and the Renewable Fuels Association. Respondents, petitioners below, are Calumet Shreveport Refining, L.L.C.; Ergon Refining, Incorporated; Ergon-West Virginia, Inc.; Placid Refining Company, L.L.C.; The San Antonio Refinery, L.L.C; Wynnewood Refining Company, L.L.C. Respondent below was the U.S. Environmental Protection Agency. Other intervenors below were American Coalition for Ethanol, National Corn Growers Association, and National Farmers Union. (i)
Counsel of record
For petitioner
Seth P. Waxman
Wilmer Cutler Pickering Hale and Dorr LLP
For respondent
Shelby Leigh Dyl
Pillsbury Winthrop Shaw Pittman LLP
Proceedings
- Aug 01 2025Judgment Issued.
- Jun 30 2025Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of EPA v. Calumet Shreveport Refining, L.L.C., 605 U. S. ___ (2025).
- Jun 23 2025DISTRIBUTED for Conference of 6/26/2025.
- 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 10 2024Reply of petitioners Growth Energy, et al. 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)
- Mar 15 2024Application (23A841) granted by Justice Alito extending the time to file until May 21, 2024.
- Mar 12 2024Application (23A841) to extend the time to file a petition for a writ of certiorari from April 21, 2024 to June 20, 2024, submitted to Justice Alito.