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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.

Docket No.23-1230
Op. Below5th Cir.

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.

Proceedings & orders timeline

Mar 12, 2024
Application (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.
Mar 15, 2024
Application (23A841) granted by Justice Alito extending the time to file until May 21, 2024.
May 20, 2024
Petition for a writ of certiorari filed. (Response due June 21, 2024)
May 22, 2024
Waiver of right of respondents American Coalition for Ethanol; National Corn Growers Association; National Farmers Union to respond filed.
May 22, 2024
Letter from American Coalition for Ethanol, et al. received.
Jun 6, 2024
Motion to extend the time to file a response from June 21, 2024 to July 26, 2024, submitted to The Clerk.
Jun 7, 2024
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.
Jul 11, 2024
Motion to extend the time to file a response from July 26, 2024 to August 27, 2024, submitted to The Clerk.
Jul 12, 2024
Motion to extend the time to file a response is granted and the time is further extended to and including August 27, 2024.
Aug 27, 2024
Brief of respondents Calumet Shreveport Refining, LLC, et al. in opposition filed. VIDED.
Sep 10, 2024
Reply of petitioners Growth Energy, et al. filed. (Distributed)
Sep 11, 2024
DISTRIBUTED for Conference of 9/30/2024.
Oct 7, 2024
DISTRIBUTED for Conference of 10/11/2024.
Oct 15, 2024
DISTRIBUTED for Conference of 10/18/2024.
Jun 23, 2025
DISTRIBUTED for Conference of 6/26/2025.
Jun 30, 2025
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of EPA v. Calumet Shreveport Refining, L.L.C., 605 U. S. ___ (2025).
Aug 1, 2025
Judgment Issued.

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