20-472 HollyFrontier Cheyenne Refining, LLC. v. Renewable Fuels Assn (2021-April-27)
QUESTION PRESENTED:
Whether, in order to qualify for a hardship exemption under Section 7545(o)(9)(B)(i) of the Renewable Fuel Standards, a small refinery needs to receive uninterrupted, continuous hardship exemptions for every year since 2011.
QUESTION PRESENTED:
Whether, in order to qualify for a hardship exemption under Section 7545(o)(9)(B)(i) of the Renewable Fuel Standards, a small refinery needs to receive uninterrupted, continuous hardship exemptions for every year since 2011.
DateProceedings and Orders (key to color coding)
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.
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Whether, in order to qualify for a hardship exemption under Section 7545(o)(9)(B)(i) of the Renewable Fuel Standards, a small refinery needs to receive uninterrupted, continuous hardship exemptions for every year since 2011.
DateProceedings and Orders (key to color coding)
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.
