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Growth Energy v. Calumet Shreveport Refining, LLC

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Pending petition

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Docket No. Op. Below Argument Opinion Vote Author Term
23-1230 5th Cir. TBD TBD TBD TBD TBD

Issue: 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.

DateProceedings and Orders (key to color coding)
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.
Mar 15 2024Application (23A841) granted by Justice Alito extending the time to file until May 21, 2024.
May 20 2024Petition for a writ of certiorari filed. (Response due June 21, 2024)
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.
Jun 06 2024Motion to extend the time to file a response from June 21, 2024 to July 26, 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.
Jul 11 2024Motion to extend the time to file a response from July 26, 2024 to August 27, 2024, submitted to The Clerk.
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.
Aug 27 2024Brief of respondents Calumet Shreveport Refining, LLC, et al. in opposition filed. VIDED.
Sep 10 2024Reply of petitioners Growth Energy, et al. filed. (Distributed)
Sep 11 2024DISTRIBUTED for Conference of 9/30/2024.
Oct 07 2024DISTRIBUTED for Conference of 10/11/2024.