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On Thursday, the court released orders from the July 1 conference. The justices granted five cases for a total of four hours of oral argument next term.
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Valero Energy Corp. v. Environmental Protection Agency

Petition for certiorari denied on May 18, 2020
Docket No. Op. Below Argument Opinion Vote Author Term
19-835 D.C. Cir. N/A N/A N/A N/A OT 2019

Issues: (1) Whether the requirement that the Environmental Protection Agency “shall” make a “calendar year” determination of the “appropriate” point of obligation requires the EPA to consider in each annual rule whether the point of renewable fuel obligation applicable to refineries, blenders, and importers remains appropriate; and (2) whether the 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.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Nov 12 2019Application (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.
Nov 19 2019Application (19A546) granted by The Chief Justice extending the time to file until December 30, 2019.
Dec 30 2019Petition for a writ of certiorari filed. (Response due February 3, 2020)
Jan 24 2020Waiver of right of respondent American Petroleum Institute to respond filed.
Jan 29 2020Waiver of right of respondent Growth Energy to respond filed.
Jan 29 2020Motion of the Solicitor General to extend the time to file a response from February 3, 2020 to March 4, 2020, submitted to The Clerk.
Jan 29 2020Waiver of right of respondent National Biodiesel Board to respond filed.
Jan 29 2020Waiver of right of respondent Monroe Energy, LLC to respond filed.
Jan 30 2020Motion to extend the time to file a response is granted and the time is extended to and including March 4, 2020.
Feb 03 2020Motion for leave to file amicus brief filed by National Association of Home Builders of the United States.
Feb 26 2020Motion to extend the time to file a response from March 4, 2020 to April 3, 2020, submitted to The Clerk.
Feb 27 2020Motion to extend the time to file a response is granted and the time is further extended to and including April 3, 2020.
Apr 03 2020Brief of respondent Environmental Protection Agency in opposition filed.
Apr 20 2020Reply of petitioners Valero Energy Corporation, et al. filed. (Distributed)
Apr 22 2020DISTRIBUTED for Conference of 5/15/2020.
May 18 2020Motion for leave to file amicus brief filed by National Association of Home Builders of the United States GRANTED.
May 18 2020Petition DENIED.
 
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