Judgment Issued.

Judgment VACATED and case REMANDED. Thomas, J., delivered the opinion of the Court, in which Alito, Sotomayor, Kagan, Kavanaugh, Barrett, and Jackson, JJ., joined. Gorsuch, J., filed a dissenting opinion, in which Roberts, C. J., joined.

Argued. For petitioner: Malcolm L. Stewart, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondents Growth Energy and Renewable Fuels Association in support of petitioner: Seth P. Waxman, Washington, D. C. For respondents Calumet Shreveport Refning, L.L.C., et al.: Michael R. Huston, Phoenix, Ariz.

Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner GRANTED.

Reply of Growth Energy and Renewable Fuels Association submitted.

Reply of United States Environmental Protection Agency submitted.

Reply of Growth Energy; Renewable Fuels Association submitted.

Reply of petitioner Environmental Protection Agency filed. (Distributed)

Reply of respondent Growth Energy and Renewable Fuels Association filed. (Distributed)

Reply of respondents Growth Energy and Renewable Fuels Association in support of petitioner filed. (Distributed)

CIRCULATED

Record received electronically from the United States Court of Appeals for the Fifth Circuit and available with the Clerk.

Record requested from the United States Court of Appeals for the Fifth Circuit.

SET FOR ARGUMENT on Tuesday, March 25, 2025.

Motion of the Acting Solicitor General to hold the briefing schedule in abeyance DENIED.

Amicus brief of Countrymark Refining and Logistics, LLC submitted.

Brief amici curiae of U.S. Senators Mike Lee, Bill Cassidy, M.D., and Ted Budd filed.

Brief amicus curiae of Countrymark Refining and Logistics, LLC filed.

Brief amici curiae of U.S. Senators Mike Lee, et al. filed.

Response of Calumet Shreveport Refining, LLC; Placid Refining Company, LLC; Wynnewood Refining Company, LLC; Ergon Refining, Inc.; Ergon-West Virginia, Inc.; San Antonio Refinery, LLC; to motion submitted.

Response of Growth Energy; Renewable Fuels Association to motion submitted.

Response in opposition to motion to hold briefing schedule in abeyance from respondents Calumet Shreveport Refining, LLC, et al. (small refinery respondents) filed. (Distributed)

Response in opposition to motion to hold briefing schedule in abeyance from respondents Growth Energy and Renewable Fuels Association filed. (Distributed)

Motion to hold the briefing schedule in abeyance filed by petitioner Environmental Protection Agency.

Motion of the Petitioner to Hold the Briefing Schedule in Abeyance of United States Environmental Protection Agency submitted.

Motion to hold the briefing schedule in abeyance filed by petitioner Environmental Protection Agency. (Distributed)

Brief of respondents Calumet Shreveport Refining, LLC, et al. filed.

Brief of Calumet Shreveport Refining, LLC; Placid Refining Company, LLC; Wynnewood Refining Company, LLC; Ergon Refining, Inc.; Ergon-West Virginia, Inc.; San Antonio Refinery, LLC; submitted.

Joint motion for leave to file the joint appendix under seal GRANTED.

Motion for divided argument filed by respondents Growth Energy and Renewable Fuels Association in support of petitioner.

Motion for divided argument filed by respondent Growth Energy and Renewable Fuels Association in support of petitioner.

Motion of Growth Energy; Renewable Fuels Association for leave to participate in oral argument and for divided argument submitted.

Brief amicus curiae of Chamber of Commerce of the United States of America in support of neither party filed.

Brief amici curiae of New York, et al. filed.

Proof of Service filed with respect to amici curiae of New York, et al.

Brief amici curiae of NATSO, SIGMA, NACS filed.

Proof of Service of States of New York, Arizona, Colorado, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin; the District of Columbia; Harris County, Texas; and the City of New York submitted.

Amicus brief of States of New York, Arizona, Colorado, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, Minnesota, New Jersey, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, and Wisconsin; the District of Columbia; Harris County, Texas; and the City of New York submitted.

Amicus brief of Chamber of Commerce of the United States of America submitted.

Motion to file the joint appendix under seal

Motion for leave to file the joint appendix under seal filed by petitioner.

Joint motion for leave to file the joint appendix under seal filed.

Joint appendix volume filed under seal. (Statement of costs filed.)

Joint appendix volume filed under seal.

Motion for leave to file the joint appendix under seal filed by petitioner.

Brief of petitioner Environmental Protection Agency filed.

Brief of respondents Growth Energy and Renewable Fuels Association supporting petitioner filed.

Brief of respondents Growth Energy; Renewable Fuels Association in support filed.

Brief of petitioner United States Environmental Protection Agency filed.

Brief of United States Environmental Protection Agency submitted.

Brief of Growth Energy; Renewable Fuels Association submitted.

Motion to extend the time to file the briefs on the merits granted. The time to file petitioner's brief on the merits and the joint appendix is extended to and including December 13, 2024. The time to file respondents' briefs on the merits is extended to and including January 21, 2025.

Motion for an extension of time to file the briefs on the merits filed.

Petition GRANTED.

DISTRIBUTED for Conference of 10/18/2024.

DISTRIBUTED for Conference of 10/11/2024.

Reply of petitioner United States Environmental Protection Agency filed. (Distributed)

DISTRIBUTED for Conference of 9/30/2024.

Brief of Calumet Shreveport Refining, LLC; Placid Refining Company, LLC; Wynnewood Refining Company, LLC; Ergon Refining, Inc.; Ergon-West Virginia, Inc.; San Antonio Refinery, LLC; in opposition submitted.

Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2024.

Motion to extend the time to file a response from July 26, 2024 to August 27, 2024, submitted to The Clerk.

Motion of Calumet Shreveport Refining, LLC; Placid Refining Company, LLC; Wynnewood Refining Company, LLC; Ergon Refining, Inc.; Ergon-West Virginia, Inc.; San Antonio Refinery, LLC; for an extension of time submitted.

Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2024, for all respondents.

Motion to extend the time to file a response from June 21, 2024 to July 26, 2024, submitted to The Clerk.

Letter from American Coalition for Ethanol, et al. received.

Waiver of right of respondents American Coalition for Ethanol; National Corn Growers Association; National Farmers Union to respond filed.

Petition for a writ of certiorari filed. (Response due June 21, 2024)

Application (23A903) granted by Justice Alito extending the time to file until May 21, 2024.

Application (23A903) to extend the time to file a petition for a writ of certiorari from April 21, 2024 to May 21, 2024, submitted to Justice Alito.