Alon USA v. EPA
| Alon USA, L.P. and Growth Energy |
| United States Environmental Protection Agency and United States Department of Energy |
| 25-60584 |
| October 29, 2025 |
| U.S. Court of Appeals, Fifth Circuit |
| Other |
Docket Report
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| Filing 114 COURT ORDER: IT IS ORDERED that Respondents' motion for entry of stipulated protective order governing confidential business information is DENIED without prejudice. Respondents can file a specific request after receiving the Petitioner's brief and are responding to same. [ # 109 ] [25-60584] (RLL) [Entered: 04/23/2026 09:47 AM] |
| Filing 109 MOTION filed by Respondents DOE and EPA for entry of stipulated protective order governing confidential business information [109]. Date of service: 04/20/2026. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Respondents DOE and EPA to place the record on appeal under seal. Date of service: 04/20/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Cates, Jensen, Purpuro; Attorney for Movant: Lehn [25-60584] (Alexander M. Purpuro ) [Entered: 04/20/2026 05:00 PM] |
| Filing 108 BRIEFING NOTICE ISSUED. A/Pet's Brief Due on 05/26/2026 for Petitioner Alon USA, L.P. [25-60584] (RLL) [Entered: 04/14/2026 02:35 PM] |
| Filing 107 Certified List FILED in lieu of record. Administrative record deadline satisfied. [25-60584] (RLL) [Entered: 04/14/2026 02:34 PM] |
| Filing 106 CERTIFIED LIST filed. Date of Service: 04/13/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Cates, Jensen, Purpuro; Attorney for Movant: Lehn [25-60584] (Alexander M. Purpuro ) [Entered: 04/13/2026 11:48 AM] |
| Filing 105 SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED Date of Service: 03/30/2026. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Movant Growth Energy Date of Service: 03/30/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Cates, Donahue, Jensen, Purpuro; Attorney for Movant: Lehn; US mail - Attorney for Respondent: Donahue [25-60584] (David Lehn ) [Entered: 03/30/2026 04:50 PM] |
| Filing 104 CASE CAPTION updated. Party information modified for Growth Energy in 25-60584. Update: party type for potential Intervenor for filing purposes. [25-60584] (ABT) [Entered: 03/26/2026 02:38 PM] |
| Filing 102 APPEARANCE FORM FILED by Attorney(s) Redding Cofer Cates for party(s) Respondent EPA Respondent DOE, in case 25-60584, by Attorney Miranda M. Jensen for Respondent DOE in 25-60584 [25-60584] (ABT) [Entered: 03/16/2026 05:27 PM] |
| Filing 101 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-60584] (Redding Cofer Cates ) [Entered: 03/16/2026 10:26 AM] |
| Filing 98 COURT ORDER: IT IS ORDERED that Respondents' opposed motion to dismiss the petition for review for improper venue is DENIED as we have jurisdiction. IT IS FURTHER ORDERED that Respondents' opposed alternative motion to transfer venue is CARRIED with the CASE. [ # 32 ] [ # 32 ] Administrative Record due on 04/10/2026 [98] [25-60584] (RAJ) [Entered: 03/11/2026 03:51 PM] |
| Filing 93 COURT ORDER: IT IS ORDERED that Respondents' unopposed motion for an order abating Respondents' deadline to file the administrative record until the Court resolves Respondents' motion to dismiss is GRANTED. [ # 85 ] [25-60584] (RAJ) [Entered: 02/26/2026 03:25 PM] |
| Filing 85 UNOPPOSED MOTION filed by Respondents DOE and EPA to extend time to file Administrative Record for 30 days following the Court's decision on the jurisdictional question [85]. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Respondents DOE and EPA to extend time to file appendix [85]. Date of service: 02/23/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn [25-60584] (Miranda M. Jensen ) [Entered: 02/23/2026 04:29 PM] |
| Filing 83 LETTER filed referencing Motion to dismiss appeal filed by Respondents EPA and DOE in 25-60584 [ # 32 ], Motion to transfer appeal filed by Respondents EPA and DOE in 25-60584 [ # 32 ]. Letter references case pending before the Tenth Circuit that directly references same issues as those in the pending motion to transfer or dismiss case before this court. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: SUPPLEMENTAL AUTHORITIES (FRAP 28j) FILED by Petitioner Alon USA, L.P. Date of Service: 02/10/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn; US mail - Attorney for Respondent: Donahue [25-60584] (Daniel Jacob Feith ) [Entered: 02/10/2026 11:16 AM] |
| Filing 78 REPLY filed by Respondents [78] in support of the Motion to dismiss appeal filed by Respondents EPA and DOE in 25-60584 [ # 32 ], to the Motion to transfer appeal filed by Respondents EPA and DOE in 25-60584 [ # 32 ], and in reply to the Response/Opposition filed by Petitioner Alon USA, L.P. in 25-60584 [ # 63 ]. Date of Service: 02/02/2026. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: REPLY filed by Respondents DOE and EPA [78] to the Response/Opposition filed by Petitioner Alon USA, L.P. [ # 63 ]. Date of Service: 02/02/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn. [25-60584] (Miranda M. Jensen ) [Entered: 02/02/2026 04:42 PM] |
| Filing 76 COURT ORDER granting Motion to extend time to file a reply filed by Respondents EPA and DOE. [ # 56 ] [25-60584] (RLL) [Entered: 01/15/2026 11:15 AM] |
| Filing 63 REDACTED RESPONSE/OPPOSITION filed by Alon USA, L.P. [63] to the Motion to dismiss petition for review filed by Respondents EPA and DOE in 25-60584 [ # 32 ], Motion to transfer venue filed by Respondents EPA and DOE in 25-60584 [ # 32 ] Date of Service: 01/12/2026. [25-60584] (RLL) [Entered: 01/15/2026 08:35 AM] |
| Filing 62 COURT ORDER granting Motion to place response/opposition to motion to to dismiss or alternatively transfer venue under seal filed by Petitioner Alon USA, L.P. [ # 49 ] [25-60584] (RLL) [Entered: 01/15/2026 08:25 AM] |
| Filing 57 LETTER filed by Respondents DOE and EPA referencing Court Order [ # 54 ]. Date of Service: 01/14/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn [25-60584] (Miranda M. Jensen ) [Entered: 01/14/2026 02:08 PM] |
| Filing 56 UNOPPOSED MOTION to extend time to file a reply to the opposition to Motion to dismiss petition for review [ # 32 ] filed by Respondents EPA and DOE in 25-60584, Motion to transfer venue [ # 32 ] filed by Respondents EPA and DOE in 25-60584 until 02/02/2026. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Respondents DOE and EPA to extend time to file a reply to the Response/Opposition [ # 50 ] filed by Petitioner Alon USA, L.P., Response/Opposition [10755987-2] filed by Petitioner Alon USA, L.P. until 02/02/2026. Date of service: 01/13/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn [25-60584] (Miranda M. Jensen ) [Entered: 01/13/2026 05:51 PM] |
| Filing 54 COURT DIRECTIVE ISSUED requesting a response to the Motion to place material under seal filed by Petitioner Alon USA, L.P. in 25-60584 [ # 49 ] Response/Opposition due by 12:00 p.m. on 01/15/2026. [25-60584] (RLL) [Entered: 01/13/2026 05:05 PM] |
| Filing 50 RESPONSE/OPPOSITION filed by Alon USA, L.P. [50] to the Motion to dismiss appeal filed by Respondents EPA and DOE in 25-60584 [ # 32 ], Motion to transfer appeal filed by Respondents EPA and DOE in 25-60584. [ # 32 ] Response/Opposition deadline satisfied. Date of Service: 01/12/2026. [25-60584] (RLL) [Entered: 01/13/2026 02:04 PM] |
| Filing 49 MOTION filed by Petitioner Alon USA, L.P. to place Opposition to Motion to Dismiss or alternatively Transfer Venue under seal [49]. Date of service: 01/12/2026. [25-60584] (RLL) [Entered: 01/13/2026 02:01 PM] |
| Filing 61 DOCUMENT RECEIVED - NO ACTION TAKEN. No action will be taken at this time on the redacted response/opposition to motion to dismiss appeal or alternatively to transfer venue received from Petitioner Alon USA, L.P. because filing is premature as motion to file response/opposition under seal is pending with the Court. If motion is granted and Court requests a redacted response/opposition, same will then be filed on the docket. [25-60584] (RLL) [Entered: 01/15/2026 08:17 AM] |
| Filing 47 MOTION AND/OR DOCUMENT UNDER TEMPORARY SEAL pending a ruling by the court filed by Petitioner Alon USA, L.P. Response in Opposition to Respondents' Motion to Transfer or Dismiss Date of service: 01/12/2026 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn; US mail - Attorney for Respondent: Donahue [25-60584] (Daniel Jacob Feith ) [Entered: 01/12/2026 04:55 PM] |
| Filing 46 COURT ORDER granting Motion to extend time to file a response filed by Petitioner Alon USA, L.P. and Respondents EPA and DOE [ # 33 ]; granting Motion to extend time to file Administrative Record filed by Petitioner Alon USA, L.P. and Respondents EPA and DOE. [ # 33 ] Response/Opposition deadlnie updated to 01/12/2026. Administrative Record due on 03/04/2026. [25-60584] (RLL) [Entered: 12/31/2025 02:41 PM] |
| Filing 45 RESPONSE DUE to Motion to dismiss appeal filed by Respondents EPA and DOE in 25-60584 [ # 32 ], Motion to transfer appeal filed by Respondents EPA and DOE in 25-60584. [ # 32 ] Response/Opposition deadline updated to 01/12/2026. [25-60584] (RLL) [Entered: 12/31/2025 02:33 PM] |
| Filing 37 MOTION by Growth Energy for leave to file Reply in Support of Motion of Growth Energy for Leave to File Reply Brief Supporting Dismissal or Transfer with attached Reply. Date of Service: 12/26/2025 [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by Growth Energy to intervene , on behalf of Respondents. Date of service: 12/26/2025 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Donahue, Jensen, Purpuro; Attorney for Not Party: Lehn; US mail - Attorney for Respondent: Donahue [25-60584] (David Lehn ) [Entered: 12/26/2025 09:14 PM] |
| Filing 36 RESPONSE/OPPOSITION [36] to the Motion to intervene [ # 35 ], Motion for leave to file a reply [ # 34 ] [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Alon USA, L.P. [36] to the Motion [ # 34 ], Motion [ # 34 ] Date of Service: 12/23/2025 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn; US mail - Attorney for Respondent: Donahue. [25-60584] (Daniel Jacob Feith ) [Entered: 12/23/2025 03:34 PM] |
| Filing 35 MOTION by Growth Energy to intervene , on behalf of Respondents. Date of service: 12/22/2025 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Donahue, Jensen, Purpuro; Attorney for Not Party: Lehn; US mail - Attorney for Respondent: Donahue [25-60584] (David Lehn ) [Entered: 12/22/2025 04:22 PM] |
| Filing 34 UNOPPOSED MOTION filed by Growth Energy for leave to file a reply in support of its Motion to intervene [34][ # 9 ] [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION by Growth Energy to intervene , on behalf of Respondent. Date of service: 12/19/2025 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Donahue, Jensen, Purpuro; Attorney for Not Party: Lehn; US mail - Attorney for Respondent: Donahue [25-60584] (David Lehn ) [Entered: 12/19/2025 09:47 PM] |
| Filing 33 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Petitioner Alon USA, L.P. for filing Petitioner's Response to Motion to Dismiss; Respondents' Reply in support of Motion to Dismiss; Certified Index to Administrative Record until 01/12/2026 [25-60584] (Peter Bruland ) [Entered: 12/19/2025 05:07 PM] |
| Filing 32 OPPOSED MOTION to dismiss the petition for review for improper venue [32], to transfer petition to U.S. Court of Appeals for the D.C. Circuit. Date of service: 12/18/2025 Response/Opposition due on 12/29/2025. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: MOTION filed by Respondents DOE and EPA to dismiss the appeal [32], to transfer appeal to U.S. Court of Appeals for the D.C. Circuit. Date of service: 12/17/2025 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Donahue, Jensen, Purpuro; Attorney for Not Party: Lehn [25-60584] (Miranda M. Jensen ) [Entered: 12/17/2025 05:38 PM] |
| Filing 31 COURT ORDER: IT IS ORDERED that the opposed motion of Growth Energy for leave to intervene in support of Respondents is CARRIED WITH THE CASE for the merits panel. [ # 9 ] [25-60584] (RLL) [Entered: 12/17/2025 02:49 PM] |
| Filing 28 RESPONSE/OPPOSITION filed by Alon USA, L.P. [28] to the Motion to intervene [ # 9 ]Response/Opposition deadline satisfied. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: RESPONSE/OPPOSITION filed by Alon USA, L.P. [28] to the Motion to intervene [ # 9 ] Date of Service: 12/12/2025 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn; US mail - Attorney for Respondent: Donahue. [25-60584] (Peter Bruland ) [Entered: 12/12/2025 10:04 AM] |
| Filing 26 APPEARANCE FORM FILED by Attorney(s) David Lehn for party(s) Not Party Growth Energy, in case 25-60584 [25-60584] (JAK) [Entered: 12/09/2025 03:45 PM] |
| Filing 25 CLERK ORDER granting Motion to extend time to file Administrative Record filed by Respondents EPA and DOE. [ # 24 ] Administrative Record due on 01/07/2026. [25-60584] (RLL) [Entered: 12/02/2025 04:50 PM] |
| Filing 24 UNOPPOSED MOTION to extend time to file Administrative Record until 01/07/2026 [24]. Date of service: 12/01/2025. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: UNOPPOSED MOTION filed by Respondents DOE and EPA to extend time to file Administrative Record until [24]. Date of service: 12/01/2025 via email - Attorney for Petitioners: Bruland, Feith; Attorney for Respondents: Jensen, Purpuro; Attorney for Not Party: Lehn [25-60584] (Alexander M. Purpuro ) [Entered: 12/01/2025 04:25 PM] |
| Filing 22 APPEARANCE FORM FILED by Attorney(s) Daniel Jacob Feith for party(s) Petitioner Alon USA, L.P., in case 25-60584 [25-60584] (IAC) [Entered: 12/01/2025 02:35 PM] |
| Filing 20 APPEARANCE FORM FILED by Attorney(s) Alexander M. Purpuro for party(s) Respondent EPA, Respondent DOE, in case 25-60584 [25-60584] (IAC) [Entered: 12/01/2025 02:29 PM] |
| Filing 19 RESPONSE DUE to Motion to intervene. [ # 9 ] Response/Opposition deadline updated to 12/12/2025. [25-60584] (RLL) [Entered: 12/01/2025 09:25 AM] |
| Filing 18 EXTENSION RECEIVED for Petitioner Alon USA, L.P. Extension Granted to and including 12/12/2025 for filing response/opposition to motion to intervene. [25-60584] (RLL) [Entered: 12/01/2025 09:24 AM] |
| Filing 17 RESPONSE DUE to Motion to intervene. [ # 9 ] Response/Opposition due on 12/05/2025. [25-60584] (RLL) [Entered: 12/01/2025 09:23 AM] |
| Filing 16 UNOPPOSED LEVEL 1 EXTENSION REQUESTED by Petitioner Alon USA, L.P. for filing Response to Motion to Intervene filed by Growth Energy until 12/12/2025 [25-60584] (Peter Bruland ) [Entered: 11/26/2025 04:36 PM] |
| Filing 13 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-60584] (Daniel Jacob Feith ) [Entered: 11/26/2025 02:36 PM] |
| Filing 11 APPEARANCE FORM for the court's review. Lead Counsel? No. [25-60584] (Alexander M. Purpuro ) [Entered: 11/26/2025 02:02 PM] |
| Filing 10 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-60584] (David Lehn ) [Entered: 11/26/2025 09:14 AM] |
| Filing 9 OPPOSED MOTION to intervene filed by Growth Energy in support of Respondent, Date of Service: 11/25/2025. [25-60584] REVIEWED AND/OR EDITED - The original text prior to review appeared as follows: OPPOSED MOTION by Growth Energy to intervene , on behalf of Respondent. Date of service: 11/25/2025 via email - Attorney for Petitioner: Bruland; Attorney for Respondent: Jensen; US mail - Attorney for Respondent: Donahue [25-60584] (David Lehn ) [Entered: 11/25/2025 05:28 PM] |
| Filing 7 APPEARANCE FORM FILED by Attorney(s) Miranda M. Jensen for party(s) Respondent EPA Respondent DOE, in case 25-60584 [25-60584] (ABT) [Entered: 11/11/2025 07:48 AM] |
| Filing 6 APPEARANCE FORM for the court's review. Lead Counsel? Yes. [25-60584] (Miranda M. Jensen ) [Entered: 11/10/2025 05:24 PM] |
| Filing 5 INITIAL CASE CHECK by Attorney Advisor complete. Action: Case OK to Process. [5] Initial AA Check Due satisfied. [25-60584] (SR) [Entered: 10/31/2025 01:06 PM] |
| Filing 1 AGENCY CASE docketed. Petition for review filed by Petitioner Alon USA, L.P.. Date received in 5th Circuit: 10/27/2025. Administrative Record due on 12/08/2025 [25-60584] (SR) [Entered: 10/29/2025 10:09 AM] |
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