|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.
|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.|
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