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HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 20-472 | 10th Cir. | Apr 27, 2021 | Jun 25, 2021 | 6-3 | Gorsuch | OT 2020 |
Holding: Under the Renewable Fuel Program’s fuel blending requirements for domestic refineries, a small refinery that previously received a hardship exemption may obtain an “extension” under 42 U.S.C. § 7545(o)(9)(B)(i) even if the refinery did not seek a hardship exemption every year after initially doing so.in exemption coverage in a previous year.
Judgment: Reversed, 6-3, in an opinion by Justice Gorsuch on June 25, 2021. Justice Barrett filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.
SCOTUSblog Coverage
- In dispute over renewable fuels, justices unravel “extensions” of “exemptions” (Richard Pierce, June 26, 2021)
- Oil refineries win battle over renewable-fuel exemptions (James Romoser, June 25, 2021)
- Justices and litigants spar over whether renewable-fuel law creates a “funnel” or a “safety valve” (Emily Hammond, April 30, 2021)
- A clash over renewable fuels hinges on the meaning of a single word (Emily Hammond, April 26, 2021)
- Justices grant review in 14 new cases but don’t act on hot-button issues (Amy Howe, January 8, 2021)
- Petitions of the week: Three cases testing the legality of a federal ban on abortion referrals (Andrew Hamm, November 6, 2020)
| Date | Proceedings and Orders |
|---|---|
| Sep 04 2020 | Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed. |
| Sep 04 2020 | Petition for a writ of certiorari filed. (Response due November 12, 2020) |
| Sep 16 2020 | MOTION (20M25) DISTRIBUTED for Conference of 10/9/2020. |
| Oct 13 2020 | Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted. |
| Nov 04 2020 | Motion to extend the time to file a response from November 12, 2020 to December 14, 2020, submitted to The Clerk. |
| 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. |
| Nov 11 2020 | Brief amici curiae of States of Wyoming, et al. filed. |
| Nov 12 2020 | Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC. |
| Nov 12 2020 | Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers. |
| Dec 08 2020 | Brief of Federal Respondent in opposition filed. |
| Dec 09 2020 | Brief of respondents Renewable Fuels Association, American Coalition for Ethanol, National Corn Growers Association, National Farmers Union in opposition filed. |
| Dec 22 2020 | Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed) |
| Dec 23 2020 | DISTRIBUTED for Conference of 1/8/2021. |
| Jan 08 2021 | Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers GRANTED. |
| Jan 08 2021 | Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC GRANTED. |
| Jan 08 2021 | Petition GRANTED. |
| Feb 11 2021 | Motion to dispense with printing the joint appendix filed by petitioners HollyFrontier Cheyenne Refining, LLC, et al. |
| Feb 22 2021 | Brief of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. |
| Feb 26 2021 | Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief to be submitted - 3/12/21) |
| Feb 26 2021 | Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief submitted - March 16, 2021). |
| Mar 01 2021 | Motion to dispense with printing the joint appendix filed by petitioners GRANTED. |
| Mar 01 2021 | Brief amici curiae of States of Wyoming, et al., filed. |
| Mar 01 2021 | Brief amicus curiae of The American Fuel & Petrochemical Manufacturers filed. |
| Mar 01 2021 | Brief amicus curiae of Small Refineries Coalition filed. |
| Mar 12 2021 | SET FOR ARGUMENT on Tuesday, April 27, 2021. |
| Mar 15 2021 | Record requested. |
| 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. |
| Mar 24 2021 | Brief of Federal Respondent filed. |
| Mar 24 2021 | Brief of respondents Renewable Fuels Association, et al. filed. |
| Mar 24 2021 | Motion for divided argument filed by the Acting Solicitor General. |
| Mar 30 2021 | CIRCULATED |
| Mar 31 2021 | Brief amicus curiae of National Biodiesel Board filed. (Distributed) |
| Mar 31 2021 | Brief amicus curiae of Advanced Biofuels Association filed. (Distributed) |
| Mar 31 2021 | Brief amici curiae of Growth Energy and American Farm Bureau Federation filed. (Distributed) |
| Mar 31 2021 | Brief amici curiae of States of Iowa, et al. filed. (Distributed) |
| Mar 31 2021 | Brief amici curiae of Coalition for Renewable Natural Gas and Producers of Renewables United for Integrity Truth and Transparency filed. (Distributed) |
| Apr 05 2021 | Motion for divided argument filed by respondents GRANTED. |
| Apr 15 2021 | Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed) |
| 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. |
| 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. |
| Jul 27 2021 | JUDGMENT ISSUED. |
