No. 19-835
Valero Energy Corporation, et al. v. Environmental Protection Agency
Tags: administrative-law administrative-procedure agency-deference agency-discretion annual-rulemaking clean-air-act epa-rulemaking judicial-review point-of-obligation renewable-fuel-standard
Latest Conference:
2020-05-15
Question Presented (from Petition)
The requirement that EPA "shall" make a "calendar year" determination of the "appropriate" point of obligation requires EPA to consider in each annual rule whether the point of obligation remains appropriate.
Whether EPA can evade the annual duty by partitioning the point of obligation into a one-time collateral proceeding that ignores key evidence, relies primarily on the agency's own convenience, and claims more deference from a reviewing court than an annual rule would receive.
Question Presented (AI Summary)
Whether EPA must consider the appropriateness of the point of obligation in each annual renewable fuel standard rulemaking
Docket Entries
2020-05-18
Petition DENIED.
2020-05-18
Motion for leave to file amicus brief filed by National Association of Home Builders of the United States GRANTED.
2020-04-22
DISTRIBUTED for Conference of 5/15/2020.
2020-04-20
Reply of petitioners Valero Energy Corporation, et al. filed. (Distributed)
2020-04-03
Brief of respondent Environmental Protection Agency in opposition filed.
2020-02-27
Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2020.
2020-02-26
Motion to extend the time to file a response from March 4, 2020 to April 3, 2020, submitted to The Clerk.
2020-02-03
Motion for leave to file amicus brief filed by National Association of Home Builders of the United States.
2020-01-30
Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2020.
2020-01-29
Waiver of right of respondent Monroe Energy, LLC to respond filed.
2020-01-29
Waiver of right of respondent National Biodiesel Board to respond filed.
2020-01-29
Motion of the Solicitor General to extend the time to file a response from February 3, 2020 to March 4, 2020, submitted to The Clerk.
2020-01-29
Waiver of right of respondent Growth Energy to respond filed.
2020-01-24
Waiver of right of respondent American Petroleum Institute to respond filed.
2019-12-30
Petition for a writ of certiorari filed. (Response due February 3, 2020)
2019-11-19
Application (19A546) granted by The Chief Justice extending the time to file until December 30, 2019.
2019-11-12
Application (19A546) to extend the time to file a petition for a writ of certiorari from November 28, 2019 (Nos. 16-1055, 17-1047, 17-1051, 17-1259 & 18-1029) and December 5, 2019 (No. 18-1027) to December 30, 2019, submitted to The Chief Justice.
Attorneys
American Petroleum Institute
Robert Allen Long Jr. — Covington & Burling, LLP, Respondent
Environmental Protection Agency
Noel J. Francisco — Solicitor General, Respondent
Growth Energy
Seth P. Waxman — Wilmer Cutler Pickering Hale and Dorr LLP, Respondent
Monroe Energy, LLC
Matthew Eben Price — Jenner & Block, LLP, Respondent
National Association of Home Builders of the United States
National Biodiesel Board
Bryan Michael Killian — Morgan, Lewis & Bockius, LLP, Respondent
Valero Energy Corporation, et al.
Evan Andrew Young — Baker Botts L.L.P., Petitioner