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Growth Energy v. Calumet Shreveport Refining, LLC

Petition for writ of certiorari granted, judgment vacated, and case remanded to the U.S. Court of Appeals for the 5th Circuit for further consideration in light of EPA v. Calumet Shreveport Refining, LLC on June 30, 2025.

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Docket No. Op. Below Argument Opinion Vote Author Term
23-1230 5th Cir. N/A N/A N/A N/A OT 2024

Issue: Whether an action by the Environmental Protection Agency is "nationally applicable" or "based on a determination of nationwide scope or effect" for purposes of laying venue under 42 U.S.C. § 7607(b)(1) when the action uses a common legal requirement and a general factual finding to resolve all pending "small refinery" petitions for exemption from annual obligations under the Renewable Fuel Program irrespective of the petitioning refineries" location.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
03/12/2024Application (23A841) to extend the time to file a petition for a writ of certiorari from April 21, 2024 to June 20, 2024, submitted to Justice Alito.
03/15/2024Application (23A841) granted by Justice Alito extending the time to file until May 21, 2024.
05/20/2024Petition for a writ of certiorari filed. (Response due June 21, 2024)
05/22/2024Waiver of right of respondents American Coalition for Ethanol; National Corn Growers Association; National Farmers Union to respond filed.
05/22/2024Letter from American Coalition for Ethanol, et al. received.
06/06/2024Motion to extend the time to file a response from June 21, 2024 to July 26, 2024, submitted to The Clerk.
06/07/2024Motion to extend the time to file a response is granted and the time is extended to and including July 26, 2024, for all respondents.
07/11/2024Motion to extend the time to file a response from July 26, 2024 to August 27, 2024, submitted to The Clerk.
07/12/2024Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2024.
08/27/2024Brief of respondents Calumet Shreveport Refining, LLC, et al. in opposition filed. VIDED.
09/10/2024Reply of petitioners Growth Energy, et al. filed. (Distributed)
09/11/2024DISTRIBUTED for Conference of 9/30/2024.
10/07/2024DISTRIBUTED for Conference of 10/11/2024.
10/15/2024DISTRIBUTED for Conference of 10/18/2024.
06/23/2025DISTRIBUTED for Conference of 6/26/2025.
06/30/2025Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of EPA v. Calumet Shreveport Refining, L.L.C., 605 U. S. ___ (2025).