No. 20-472
HollyFrontier Cheyenne Refining, LLC, et al. v. Renewable Fuels Association, et al.
Amici (15)Relisted (2)
Tags: continuous hardship exemptions since 2011 to qual administrative-law disproportionate-economic-hardship energy-policy epa-regulation hardship-exemption renewable-fuel-standard small-refineries small-refinery-exemption statutory-interpretation
Latest Conference:
2021-01-08
(distributed 2 times)
Question Presented (from Petition)
In order to qualify for a hardship exemption under § 7545(o)(9)(B)(i) of the Renewable Fuel Standards, does a small refinery need to receive uninterrupted, continuous hardship exemptions for every year since 2011.
Question Presented (AI Summary)
Whether a small refinery must receive uninterrupted, continuous hardship exemptions since 2011 to qualify for a hardship exemption under the Renewable Fuel Standard
Docket Entries
2021-07-27
JUDGMENT ISSUED.
2021-06-25
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.
2021-04-27
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.
2021-04-15
Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed)
2021-04-05
Motion for divided argument filed by respondents GRANTED.
2021-03-31
Brief amicus curiae of National Biodiesel Board filed. (Distributed)
2021-03-31
Brief amicus curiae of Advanced Biofuels Association filed. (Distributed)
2021-03-31
Brief amici curiae of Growth Energy and American Farm Bureau Federation filed. (Distributed)
2021-03-31
Brief amici curiae of States of Iowa, et al. filed. (Distributed)
2021-03-31
Brief amici curiae of Coalition for Renewable Natural Gas and Producers of Renewables United for Integrity Truth and Transparency filed. (Distributed)
2021-03-30
CIRCULATED
2021-03-24
Motion for divided argument filed by the Acting Solicitor General.
2021-03-24
Brief of respondents Renewable Fuels Association, et al. filed.
2021-03-24
Brief of Federal Respondent filed.
2021-03-22
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.
2021-03-15
Record requested.
2021-03-12
SET FOR ARGUMENT on Tuesday, April 27, 2021.
2021-03-01
Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
2021-03-01
Brief amicus curiae of Small Refineries Coalition filed.
2021-03-01
Brief amicus curiae of The American Fuel & Petrochemical Manufacturers filed.
2021-03-01
Brief amici curiae of States of Wyoming, et al., filed.
2021-02-26
Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief submitted - March 16, 2021).
2021-02-26
Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief to be submitted - 3/12/21)
2021-02-22
Brief of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed.
2021-02-11
Motion to dispense with printing the joint appendix filed by petitioners HollyFrontier Cheyenne Refining, LLC, et al.
2021-01-08
Petition GRANTED.
2021-01-08
Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC GRANTED.
2021-01-08
Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers GRANTED.
2020-12-23
DISTRIBUTED for Conference of 1/8/2021.
2020-12-22
Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed)
2020-12-09
Brief of respondents Renewable Fuels Association, American Coalition for Ethanol, National Corn Growers Association, National Farmers Union in opposition filed.
2020-12-08
Brief of Federal Respondent in opposition filed.
2020-11-12
Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers.
2020-11-12
Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC.
2020-11-11
Brief amici curiae of States of Wyoming, et al. filed.
2020-11-10
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.
2020-11-04
Motion to extend the time to file a response from November 12, 2020 to December 14, 2020, submitted to The Clerk.
2020-10-13
Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
2020-09-16
MOTION (20M25) DISTRIBUTED for Conference of 10/9/2020.
2020-09-04
Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
2020-09-04
Petition for a writ of certiorari filed. (Response due November 12, 2020)
Attorneys
Advanced Biofuels Association
Rafe Petersen — Holland and Knight LLP, Amicus
Coalition for Renewable Natural Gas and Producers of Renewables United for Integrity Truth and Transparency
Sandra Franco — Franco Environmental Law, LLC, Amicus
Countrymark Refining and Logistics, LLC
Derek Read Molter — Ice Miller LLP, Amicus
Jenny R. Buchheit — Ice Miller LLP, Amicus
Environmental Protection Agency
Elizabeth B. Prelogar — Acting Solicitor General, Respondent
Growth Energy and American Farm Bureau Federation
HollyFrontier Cheyenne Refining, LLC, et al.
Peter D. Keisler — Sidley Austin LLP, Petitioner
Ryan C. Morris — Sidley Austin, LLP, Petitioner
National Biodiesel Board
Renewable Fuels Association, American Coalition for Ethanol, National Corn Growers Association, National Farmers Union
Matthew Winkle Morrison — Pillsbury Winthrop Shaw Pittman, Respondent
Small Refineries Coalition
Jonathan Grant Hardin — Perkins Coie LLP, Amicus
States of Iowa, et al.
States of Wyoming, et al.,
The American Fuel & Petrochemical Manufacturers
Andrew Michael Grossman — Baker & Hostetler LLP, Amicus