HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association
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 Neil Gorsuch on Jun 25, 2021. Justice Barrett filed a dissenting opinion, in which Justices Sotomayor and Kagan joined.
Sep 4, 2020Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
Sep 4, 2020Petition for a writ of certiorari filed. (Response due November 12, 2020)Sep 16, 2020MOTION (20M25) DISTRIBUTED for Conference of 10/9/2020.
Oct 13, 2020Motion (20M25) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
Nov 4, 2020Motion to extend the time to file a response from November 12, 2020 to December 14, 2020, submitted to The Clerk.Nov 10, 2020Motion 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, 2020Brief amici curiae of States of Wyoming, et al. filed.Nov 12, 2020Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC.Nov 12, 2020Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers.Dec 8, 2020Brief of Federal Respondent in opposition filed.Dec 9, 2020Brief of respondents Renewable Fuels Association, American Coalition for Ethanol, National Corn Growers Association, National Farmers Union in opposition filed.Dec 22, 2020Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed)Dec 23, 2020DISTRIBUTED for Conference of 1/8/2021.
Jan 8, 2021Motion for leave to file amicus brief filed by The American Fuel & Petrochemical Manufacturers GRANTED.
Jan 8, 2021Motion for leave to file amicus brief filed by Countrymark Refining and Logistics, LLC GRANTED.
Jan 8, 2021Petition GRANTED.
Feb 11, 2021Motion to dispense with printing the joint appendix filed by petitioners HollyFrontier Cheyenne Refining, LLC, et al.Feb 22, 2021Brief of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed.Feb 26, 2021Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief to be submitted - 3/12/21)
Feb 26, 2021Brief amicus curiae of Countrymark Refining and Logistics, LLC filed. (Corrected brief submitted - March 16, 2021).Mar 1, 2021Motion to dispense with printing the joint appendix filed by petitioners GRANTED.
Mar 1, 2021Brief amici curiae of States of Wyoming, et al., filed.Mar 1, 2021Brief amicus curiae of The American Fuel & Petrochemical Manufacturers filed.Mar 1, 2021Brief amicus curiae of Small Refineries Coalition filed.Mar 12, 2021SET FOR ARGUMENT on Tuesday, April 27, 2021.
Mar 15, 2021Record requested.
Mar 22, 2021The 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, 2021Brief of Federal Respondent filed.Mar 24, 2021Brief of respondents Renewable Fuels Association, et al. filed.Mar 24, 2021Motion for divided argument filed by the Acting Solicitor General.Mar 30, 2021CIRCULATED
Mar 31, 2021Brief amicus curiae of National Biodiesel Board filed. (Distributed)Mar 31, 2021Brief amicus curiae of Advanced Biofuels Association filed. (Distributed)Mar 31, 2021Brief amici curiae of Growth Energy and American Farm Bureau Federation filed. (Distributed)Mar 31, 2021Brief amici curiae of States of Iowa, et al. filed. (Distributed)Mar 31, 2021Brief amici curiae of Coalition for Renewable Natural Gas and Producers of Renewables United for Integrity Truth and Transparency filed. (Distributed)Apr 5, 2021Motion for divided argument filed by respondents GRANTED.
Apr 15, 2021Reply of petitioners HollyFrontier Cheyenne Refining, LLC, et al. filed. (Distributed)Apr 27, 2021Argued. 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, 2021Judgment 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, 2021JUDGMENT ISSUED.
Recommended Citation: HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, SCOTUSblog, https://www.scotusblog.com/cases/hollyfrontier-cheyenne-refining-llc-v-renewable-fuels-association/