Coffeyville Resources Refining, et al v. EPA
| Wynnewood Refining Company, LLC and Coffeyville Resources Refining & Marketing, LLC |
| Environmental Protection Agency |
| U.S. Oil & Refining Co., Wyoming Refining Company, American Petroleum Institute, Biotechnology Innovation Organization, American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Alon Refining Krotz Springs, Inc., Growth Energy, Ergon Refining, Inc., Lion Oil Company, American Fuel & Petrochemical Manufacturers, Ergon-West Virginia, Inc., Placid Refining Company LLC, National Biodiesel Board and Hunt Refining Company |
| 17-1044 |
| February 9, 2017 |
| U.S. Court of Appeals, D.C. Circuit |
| Other |
Docket Report
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| NOTICE [1842529] to withdraw attorney Saurabh Sanghvi who represented Biotechnology Innovation Organization and Growth Energy in 17-1044 filed by Growth Energy and Biotechnology Innovation Organization in 17-1044 [Service Date: 05/12/2020 ] [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Sanghvi, Saurabh) [Entered: 05/12/2020 08:56 PM] |
| MANDATE ISSUED to Environmental Protection Agency. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 10/29/2019 03:34 PM] |
| PER CURIAM JUDGMENT [1804336] filed that the petitions for review be denied, for the reasons in the accompanying opinion . Before Judges: Pillard, Katsas and Williams. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 08/30/2019 10:15 AM] |
| OPINION [1804338] filed PER CURIAM OPINION (Pages: 70), OPINION CONCURRING IN PART AND CONCURRING IN THE JUDGMENT (Pages: 17) by Judge Williams. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 08/30/2019 10:19 AM] |
| CLERK'S ORDER [1804340] filed withholding issuance of the mandate. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 08/30/2019 10:20 AM] |
| RESPONSE [1795817] to letter Rule 28j authorities [ # 1794850-2 ], letter [ # 1794850-3 ] filed by Valero Energy Corporation in 17-1047 [Service Date: 07/03/2019 by CM/ECF NDA] Length Certification: 134 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Pemberton, Brittany) [Entered: 07/03/2019 05:52 PM] |
| LETTER [1794850] pursuant to FRAP 28j advising of additional authorities filed by EPA in 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052 [Service Date: 06/27/2019 ] [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 06/27/2019 01:57 PM] |
| NOTICE [1775350] to withdraw attorney Eric David Miller who represented Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044 filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC [Service Date: 02/28/2019 ] [17-1044] (Miller, Eric) [Entered: 02/28/2019 01:40 PM] |
| NOTICE [1761156] To notify the Court of Mr. Wagner's departure from Baker Botts L.L.P. filed by Valero Energy Corporation in 17-1047 [Service Date: 11/21/2018 ] [17-1044, 17-1047] (Kline, Samara) [Entered: 11/21/2018 05:15 PM] |
| TRANSCRIPT [1756406] of oral argument [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 10/22/2018 03:59 PM] |
| ORAL ARGUMENT HELD before Judges Pillard, Katsas and Williams. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 10/05/2018 04:56 PM] |
| FORM 72 submitted by on behalf of Petitioners Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044, Petitioners Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co. and Wyoming Refining Company in 17-1045, Petitioner Valero Energy Corporation in 17-1047, Petitioner Monroe Energy, LLC in 17-1049, Petitioner American Fuel & Petrochemical Manufacturers in 17-1051 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Lorenzen, Thomas) [Entered: 09/26/2018 04:12 PM] |
| FORM 72 submitted by arguing attorney, Samara M. Spence, on behalf of Respondent EPA in 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 09/25/2018 02:07 PM] |
| FORM 72 submitted by arguing attorney, Samara L. Kline, on behalf of Intervenors for Respondent Alon Refining Krotz Springs, Inc., American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co., Wyoming Refining Company and Petitioners Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044, Petitioners Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co., Wyoming Refining Company and Intervenors for Respondent Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1045, Petitioner Valero Energy Corporation in 17-1047, Petitioner Monroe Energy, LLC in 17-1049, Petitioner American Fuel & Petrochemical Manufacturers in 17-1051 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Kline, Samara) [Entered: 09/24/2018 05:04 PM] |
| FORM 72 submitted by arguing attorney, Bryan M. Killian, on behalf of Petitioner National Biodiesel Board in 17-1052 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [17-1044, 17-1052] (Killian, Bryan) [Entered: 09/24/2018 05:58 PM] |
| FORM 72 submitted by arguing attorney, Patrick R. Jacobi, on behalf of Respondent EPA in 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052 (For Internal Use Only: Form is restricted to protect counsel's personal contact information) . [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Jacobi, Patrick) [Entered: 09/24/2018 07:47 PM] |
| PER CURIAM ORDER [1751830] filed allocating oral argument time as follows: No. 17-1044, Coffeyville Resources Refining & Marketing v. EPA - Issue I. Volumetric claim by National Biodiesel Board - 10 min. - Bryan Killian, EPAs Response - 8 min. - Patrick Jacobi and/or Samara Spence, Intervenors American Fuel & Petrochemical Manufacturers and American Petroleum Institute - 2 min. - Thomas A. Lorenzen; Issue II. Volumetric claims by Obligated Party Petitioners - 10 min. - Thomas A. Lorenzen, EPAs Response - 10 min. - Patrick Jacobi and/or Samara Spence; Issue III. Point-of-obligation claim by Obligated Party Petitioners - 10 min. - Samara L. Kline, EPAs Response - 10 min. - Patrick Jacobi and/or Samara Spence; No. 16-1052, Alon Refining Krotz Springs, Inc. v. EPA - Petitioners (all issues) - 20 min. - Samara L. Kline, EPAs Response - 16 min. - Meghan Greenfield, Intervenors - 4 min. - Robert Long. directing party to file Form 72 notice of arguing attorney by 09/28/2018. Before Judges: Pillard, Katsas and Williams. [16-1052, 16-1055, 17-1255, 17-1259, 18-1021, 18-1024, 18-1025, 18-1029, 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 09/20/2018 03:47 PM] |
| JOINT RESPONSE [1748598] to letter oral argument format [ # 1742997-2 ] filed by EPA in 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052 [Service Date: 08/31/2018 by CM/ECF NDA] Length Certification: 1,764 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 08/31/2018 05:40 PM] |
| JOINT RESPONSE [1748605] to letter [ # 1742997-2 ] filed by Alon Refining Krotz Springs, Inc., American Fuel & Petrochemical Manufacturers, American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co., Wyoming Refining Company and Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044, Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co., Wyoming Refining Company and Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1045, Valero Energy Corporation in 17-1047, Monroe Energy, LLC in 17-1049, American Fuel & Petrochemical Manufacturers in 17-1051 [Service Date: 08/31/2018 by CM/ECF NDA] Length Certification: 749 Words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Kline, Samara) [Entered: 08/31/2018 06:20 PM] |
| LETTER [1742997] sent directing parties to submit proposed oral argument formats by 08/31/2018. [ # 1741999-3 ] [16-1052, 16-1055, 17-1255, 17-1259, 18-1021, 18-1024, 18-1025, 18-1029, 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 07/30/2018 10:51 AM] |
| PER CURIAM ORDER [1741999] filed granting respondent's motion to coordinate oral argument [ # 1740657-2 ] in 16-1052, et al. and [ # 1740670-2 ] in 17-1044, et al.; Case no. 16-1052, et al. is scheduled for oral argument on the same day, October 5, 2018, before the same panel as case No. 17-1044, et al. [16-1052, 16-1055, 17-1255, 17-1259, 18-1021, 18-1024, 18-1025, 18-1029, 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 07/23/2018 03:37 PM] |
| RESPONSE IN OPPOSITION [1740703] to motion [ # 1740670-2 ] filed by National Biodiesel Board in 17-1052 [Service Date: 07/16/2018 by CM/ECF NDA] Length Certification: 789 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Killian, Bryan) [Entered: 07/16/2018 10:55 AM] |
| UNOPPOSED MOTION [1740670] Coordinate oral argument with Alon Refining Krotz Springs, Inc. et al. v. EPA , No. 16-1052, and set both cases for separate arguments before the same panel on the same day. filed by EPA in 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052 [Service Date: 07/13/2018 ] Length Certification: 589 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Jacobi, Patrick) [Entered: 07/13/2018 05:53 PM] |
| CLERK'S ORDER [1736109] filed scheduling oral argument on Friday, 10/05/2018. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 06/15/2018 11:44 AM] |
| RESPONDENT FINAL BRIEF [1735257] filed by EPA in 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052 [Service Date: 06/11/2018 ] Length of Brief: 18,386 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 06/11/2018 10:23 AM] |
| INTERVENOR FOR RESPONDENT FINAL BRIEF [1735428] filed by Growth Energy, Biotechnology Innovation Organization, National Biodiesel Board and American Petroleum Institute in 17-1044 [Service Date: 06/11/2018 ] Length of Brief: 6,927 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Waxman, Seth) [Entered: 06/11/2018 03:59 PM] |
| PETITIONER FINAL REPLY BRIEF [1735202] filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044, Lion Oil Company, Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Placid Refining Company LLC, U.S. Oil & Refining Co. and Wyoming Refining Company in 17-1045, Valero Energy Corporation in 17-1047, Monroe Energy, LLC in 17-1049, American Fuel & Petrochemical Manufacturers in 17-1051 [Service Date: 06/08/2018 ] Length of Brief: 6,379 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Meyers, Robert) [Entered: 06/08/2018 04:04 PM] |
| PETITIONER FINAL BRIEF [1735197] filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044, Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co. and Wyoming Refining Company in 17-1045, Valero Energy Corporation in 17-1047, Monroe Energy, LLC in 17-1049, American Fuel & Petrochemical Manufacturers in 17-1051 [Service Date: 06/08/2018 ] Length of Brief: 12,962 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Meyers, Robert) [Entered: 06/08/2018 03:56 PM] |
| INTERVENOR FOR RESPONDENT FINAL BRIEF [1735204] filed by American Fuel & Petrochemical Manufacturers and American Petroleum Institute in 17-1044 [Service Date: 06/08/2018 ] Length of Brief: 4,468 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Meyers, Robert) [Entered: 06/08/2018 04:09 PM] |
| PETITIONER FINAL BRIEF [1735225] filed by National Biodiesel Board in 17-1052 [Service Date: 06/08/2018 ] Length of Brief: 4,145 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Killian, Bryan) [Entered: 06/08/2018 05:52 PM] |
| PETITIONER FINAL REPLY BRIEF [1735227] filed by National Biodiesel Board in 17-1052 [Service Date: 06/08/2018 ] Length of Brief: 2,746 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Killian, Bryan) [Entered: 06/08/2018 05:59 PM] |
| CORRECTED PETITIONER REPLY BRIEF [1734707] filed by National Biodiesel Board in 17-1052 [Service Date: 06/06/2018 ] Length of Brief: 2,746 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Killian, Bryan) [Entered: 06/06/2018 06:39 PM] |
| APPENDIX [1734207] filed by Alon Refining Krotz Springs, Inc., American Fuel & Petrochemical Manufacturers, American Petroleum Institute, American Refining Group, Inc., Biotechnology Innovation Organization, Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Growth Energy, Hunt Refining Company, Lion Oil Company, National Biodiesel Board, Placid Refining Company LLC, U.S. Oil & Refining Co., Wyoming Refining Company, Coffeyville Resources Refining & Marketing, LLC, Wynnewood Refining Company, LLC and EPA in 17-1044, Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co., Wyoming Refining Company, Coffeyville Resources Refining & Marketing, LLC, Wynnewood Refining Company, LLC and EPA in 17-1045, EPA and Valero Energy Corporation in 17-1047, EPA and Monroe Energy, LLC in 17-1049, American Fuel & Petrochemical Manufacturers and EPA in 17-1051, EPA and National Biodiesel Board in 17-1052. [Volumes: 2] [Service Date: 06/04/2018 ] [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Meyers, Robert) [Entered: 06/04/2018 04:13 PM] |
| PETITIONER REPLY BRIEF [1733162] filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044, Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co. and Wyoming Refining Company in 17-1045, Valero Energy Corporation in 17-1047, Monroe Energy, LLC in 17-1049, American Fuel & Petrochemical Manufacturers in 17-1051 [Service Date: 05/29/2018 ] Length of Brief: 6,376 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Meyers, Robert) [Entered: 05/29/2018 08:39 PM] |
| PETITIONER REPLY BRIEF [1733156] filed by National Biodiesel Board in 17-1052 [Service Date: 05/29/2018 ] Length of Brief: 2,720 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Killian, Bryan) [Entered: 05/29/2018 06:38 PM] |
| LETTER [1732532] pursuant to FRAP 28j advising of additional authorities filed by EPA in 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052 [Service Date: 05/24/2018 ] [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 05/24/2018 08:33 AM] |
| INTERVENOR FOR RESPONDENT BRIEF [1729793] filed by Growth Energy, Biotechnology Innovation Organization, National Biodiesel Board and American Petroleum Institute in 17-1044 [Service Date: 05/07/2018 ] Length of Brief: 6,931 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Waxman, Seth) [Entered: 05/07/2018 06:03 PM] |
| INTERVENOR FOR RESPONDENT BRIEF [1729802] filed by American Fuel & Petrochemical Manufacturers and American Petroleum Institute in 17-1044 [Service Date: 05/07/2018 ] Length of Brief: 4,466 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Meyers, Robert) [Entered: 05/07/2018 07:13 PM] |
| RESPONDENT BRIEF [1727832] filed by EPA in 17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052 [Service Date: 04/23/2018 ] Length of Brief: 18,382 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 04/23/2018 08:08 PM] |
| PETITIONER BRIEF [1714168] filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044, Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co. and Wyoming Refining Company in 17-1045, Valero Energy Corporation in 17-1047, Monroe Energy, LLC in 17-1049, American Fuel & Petrochemical Manufacturers in 17-1051 [Service Date: 01/22/2018 ] Length of Brief: 12,958 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Meyers, Robert) [Entered: 01/22/2018 09:04 PM] |
| PETITIONER BRIEF [1714117] filed by National Biodiesel Board in 17-1052 [Service Date: 01/22/2018 ] Length of Brief: 4145 words. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Killian, Bryan) [Entered: 01/22/2018 04:26 PM] |
| PER CURIAM ORDER [1708883] denying motion to sever [ # 1703082-2 ]; setting the following briefing format and schedule: BRIEF OF PETITIONER NATIONAL BIODIESEL BOARD (not to exceed 5,500 words) due 01/22/2018. JOINT BRIEF OF REMAINING PETITIONERS (not to exceed 13,000 words) due 01/22/2018. RESPONDENT'S BRIEF (not to exceed 18,500 words) due on 04/23/2018. BRIEF OF RESPONDENT-INTERVENORS ADDRESSING EPA'S EXERCISE OF ITS WAIVER AUTHORITY (not to exceed 4,500 words) due 05/07/2018. BRIEF OF RESPONDENT-INTERVENORS ADDRESSING PERCENTAGE-VOLUME STANDARDS AND POINT OF OBLIGATION (not to exceed 7,000 words) due 05/07/2018. REPLY OF PETITIONER NATIONAL BIODIESEL BOARD (not to exceed 2,750 words) due 05/29/2018. JOINT REPLY BRIEF OF REMAINING PETITIONERS (not to exceed 6,500 words) due 05/29/2018. DEFERRED JOINT APPENDIX due 06/04/2018. FINAL BRIEFS due 06/11/2018. Before Judges: Rogers, Tatel and Millett. [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 12/14/2017 11:00 AM] |
| SUPPLEMENT [1708691] to motion concerning briefing format [ # 1703082-2 ] filed by Valero Energy Corporation in 17-1047 [Service Date: 12/13/2017 ] [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] (Jaeger, Lisa) [Entered: 12/13/2017 01:05 PM] |
| CLERK'S ORDER [1706266] filed granting motions for leave to intervene [ # 1666264-2 ], [ # 1665808-2 ] [ # 1665805-2 ], e [ # 1665802-2 ], [ # 1665560-2 ] [ # 1665556-2 ] [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 11/28/2017 11:46 AM] |
| CLERK'S ORDER [1705490] filed ORDERED that the Clerk note on the docket that No. 17-1046 is dismissed. No mandate will issue. It is FURTHER ORDERED that the consolidation of No. 17-1046 with Nos. 17-1044, et al., be terminated. [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 11/21/2017 01:12 PM] |
| REPLY [1705336] filed by Alon Refining Krotz Springs, Inc., American Fuel & Petrochemical Manufacturers, American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Coffeyville Resources Refining & Marketing, LLC, Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co., Wynnewood Refining Company, LLC, Wyoming Refining Company and Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044, Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co. and Wyoming Refining Company in 17-1045, Valero Energy Corporation in 17-1047, Monroe Energy, LLC in 17-1049, American Fuel & Petrochemical Manufacturers in 17-1051 to response [ # 1704206-2 ] [Service Date: 11/20/2017 by CM/ECF NDA] Length Certification: 1,284 words. [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Price, Matthew) [Entered: 11/20/2017 08:23 PM] |
| CERTIFIED INDEX TO RECORD [1704956] filed by EPA in 17-1044, EPA and Catherine McCabe in 17-1046, 17-1051, 17-1052, 17-1045, 17-1047, 17-1049 [Service Date: 11/17/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 11/17/2017 10:41 AM] |
| RESPONSE IN OPPOSITION [1704206] to motion concerning briefing format [ # 1703082-2 ] filed by EPA in 17-1044, EPA and Catherine McCabe in 17-1046, 17-1051, 17-1052, 17-1045, 17-1047, 17-1049 [Service Date: 11/13/2017 by CM/ECF NDA] Length Certification: 1,479 words. [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 11/13/2017 07:36 PM] |
| JOINT MOTION [1703082] concerning prposed briefing format (Response to Motion served by mail due on 11/13/2017) filed by Alon Refining Krotz Springs, Inc., American Fuel & Petrochemical Manufacturers, American Refining Group, Inc., Biotechnology Innovation Organization, Calumet Specialty Products Partners, L.P., Coffeyville Resources Refining & Marketing, LLC, Ergon Refining, Inc., Ergon-West Virginia, Inc., Growth Energy, Hunt Refining Company, Lion Oil Company, National Biodiesel Board, Placid Refining Company LLC, U.S. Oil & Refining Co., Wynnewood Refining Company, LLC, Wyoming Refining Company and Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC (Service Date: 11/03/2017 by CM/ECF NDA) Length Certification: 945 words. [17-1044]--[Edited 11/06/2017 by LMF] (Young, Evan) [Entered: 11/03/2017 08:07 PM] |
| STIPULATION [1703040] filed to dismiss case voluntarily [17-1046] (Long, Robert) [Entered: 11/03/2017 03:48 PM] |
| MOTION [1703079] concerning briefing format (Response to Motion served by mail due on 11/13/2017) filed by EPA in 17-1044, EPA and Catherine McCabe in 17-1046, 17-1051, 17-1052, 17-1045, 17-1047, 17-1049 (Service Date: 11/03/2017 by CM/ECF NDA) Length Certification: 1,438 words. [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Jacobi, Patrick) [Entered: 11/03/2017 06:10 PM] |
| DOCKETING STATEMENT [1701909] filed by National Biodiesel Board in 17-1052 [Service Date: 10/27/2017 ] [17-1052, 17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051] (Killian, Bryan) [Entered: 10/27/2017 04:47 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1701912] filed by National Biodiesel Board in 17-1052 [Service Date: 10/27/2017 ] [17-1052, 17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051] (Killian, Bryan) [Entered: 10/27/2017 05:10 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1701913] filed by National Biodiesel Board in 17-1052 [Service Date: 10/27/2017 ] Intent: AppxDeferred [17-1052, 17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051] (Killian, Bryan) [Entered: 10/27/2017 05:12 PM] |
| STATEMENT OF ISSUES [1701914] filed by National Biodiesel Board in 17-1052 [Service Date: 10/27/2017 ] [17-1052, 17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051] (Killian, Bryan) [Entered: 10/27/2017 05:13 PM] |
| CLERK'S ORDER [1701369] filed considering motion to govern future proceedings [ # 1700947-2 ], removing case from abeyance; extending Clerk order [ # 1661390-4 ], [ # 1660991-4 ] in 17-1044, 17-1046, 17-1051, 17-1052, 17-1045; extending Clerk order initial submission for petitioner [ # 1661184-3 ] in 17-1044, 17-1046, 17-1051, 17-1052, 17-1045, 17-1047, [ # 1660986-2 ] in 17-1044 PETITIONER docketing statement, certificate as to parties, statement of issues, deferred appendix statement due 10/27/2017. PETITIONER, RESPONDENT procedural motions due 10/27/2017; extending Clerk order initial submissions for respondent [ # 1660986-3 ] RESPONDENT certified index to record due 11/17/2017; directing party to file briefing format - Proposed formats due 11/03/2017 [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 10/25/2017 04:24 PM] |
| JOINT UNOPPOSED MOTION [1700947] to govern future proceedings filed by Coffeyville Resources Refining & Marketing, LLC, Wynnewood Refining Company, LLC and EPA in 17-1044, American Petroleum Institute and EPA and Catherine McCabe in 17-1046, American Fuel & Petrochemical Manufacturers and EPA in 17-1051, National Biodiesel Board and EPA in 17-1052, Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co., Wyoming Refining Company and EPA in 17-1045, Valero Energy Corporation and EPA in 17-1047, Monroe Energy, LLC and EPA in 17-1049 [Service Date: 10/23/2017 ] Length Certification: 648 Words. [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Spence, Samara) [Entered: 10/23/2017 03:02 PM] |
| NOTICE [1692876] to substitute attorney Sandra Franco substituted by Douglas Hastings filed by National Biodiesel Board in 17-1044, 17-1052 [Service Date: 09/13/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Killian, Bryan) [Entered: 09/13/2017 03:41 PM] |
| NOTICE [1690245] to withdraw attorney Richard Alonso who represented Valero Energy Corporation in 17-1047 filed by Valero Energy Corporation in 17-1047 [Service Date: 08/25/2017 ] [17-1047, 17-1044, 17-1045, 17-1046, 17-1049, 17-1051, 17-1052] (Jaeger, Lisa) [Entered: 08/25/2017 12:49 PM] |
| NOTICE [1688052] filed by EPA in 17-1044, EPA and Catherine McCabe in 17-1046, 17-1051, 17-1052, 17-1045, 17-1047, 17-1049 [Service Date: 08/09/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Jacobi, Patrick) [Entered: 08/09/2017 05:29 PM] |
| ENTRY OF APPEARANCE [1687850] filed by Lisa Marie Jaeger and co-counsel Samara L. Kline and Evan A. Young on behalf of Petitioner Valero Energy Corporation. [17-1047] (Young, Evan) [Entered: 08/08/2017 04:34 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1666460] filed by Monroe Energy, LLC in 17-1049 [Service Date: 03/17/2016 ] [17-1044, 17-1049] (Price, Matthew) [Entered: 03/17/2017 12:13 AM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1666357] filed by Valero Energy Corporation in 17-1047 [Service Date: 03/16/2017 ] [17-1047, 17-1044, 17-1045, 17-1046, 17-1049, 17-1051, 17-1052] (Jaeger, Lisa) [Entered: 03/16/2017 12:12 PM] |
| DOCKETING STATEMENT [1666350] filed by Valero Energy Corporation in 17-1047 [Service Date: 03/16/2017 ] [17-1047, 17-1044, 17-1045, 17-1046, 17-1049, 17-1051, 17-1052] (Jaeger, Lisa) [Entered: 03/16/2017 12:03 PM] |
| STATEMENT OF ISSUES [1666358] filed by Valero Energy Corporation in 17-1047 [Service Date: 03/16/2017 ] [17-1047, 17-1044, 17-1045, 17-1046, 17-1049, 17-1051, 17-1052] (Jaeger, Lisa) [Entered: 03/16/2017 12:20 PM] |
| ENTRY OF APPEARANCE [1666359] filed by Lisa Jaeger and co-counsel Richard Alonso, Clara Poffenberger on behalf of Petitioner Valero Energy Corporation in 17-1047. [17-1047, 17-1044, 17-1045, 17-1046, 17-1049, 17-1051, 17-1052] (Jaeger, Lisa) [Entered: 03/16/2017 12:23 PM] |
| STATEMENT OF ISSUES [1666452] filed by Monroe Energy, LLC in 17-1049 [Service Date: 03/16/2017 ] [17-1044, 17-1049] (Price, Matthew) [Entered: 03/16/2017 11:46 PM] |
| DOCKETING STATEMENT [1666453] filed by Monroe Energy, LLC in 17-1049 [Service Date: 03/16/2017 ] [17-1044, 17-1049] (Price, Matthew) [Entered: 03/16/2017 11:48 PM] |
| STATEMENT OF INTENT REGARDING APPENDIX DEFERRAL [1666215] filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044 [Service Date: 03/15/2017 ] Intent: AppxDeferred [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Johnson, LeAnn) [Entered: 03/15/2017 04:12 PM] |
| DOCKETING STATEMENT [1666214] filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044 [Service Date: 03/15/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Johnson, LeAnn) [Entered: 03/15/2017 04:09 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1666213] filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044 [Service Date: 03/15/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Johnson, LeAnn) [Entered: 03/15/2017 04:07 PM] |
| STATEMENT OF ISSUES [1666216] filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044 [Service Date: 03/15/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Johnson, LeAnn) [Entered: 03/15/2017 04:13 PM] |
| UNDERLYING DECISION IN CASE [1666217] submitted by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC in 17-1044 [Service Date: 03/15/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Johnson, LeAnn) [Entered: 03/15/2017 04:14 PM] |
| STATEMENT OF ISSUES [1666219] filed by Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co. and Wyoming Refining Company in 17-1045 [Service Date: 03/15/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Johnson, LeAnn) [Entered: 03/15/2017 04:17 PM] |
| MOTION [1666264] for leave to intervene [Disclosure Listing: Attached] filed by GROWTH ENERGY AND THE BIOTECHNOLOGY INNOVATION ORGANIZATION [Service Date: 03/15/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052]--[MODIFIED PARTY FILER--Edited 03/23/2017 by LMC] (Waxman, Seth) [Entered: 03/15/2017 08:52 PM] |
| DOCKETING STATEMENT [1666218] filed by Alon Refining Krotz Springs, Inc., American Refining Group, Inc., Calumet Specialty Products Partners, L.P., Ergon Refining, Inc., Ergon-West Virginia, Inc., Hunt Refining Company, Lion Oil Company, Placid Refining Company LLC, U.S. Oil & Refining Co. and Wyoming Refining Company in 17-1045 [Service Date: 03/15/2017 ] [17-1044, 17-1045] (Johnson, LeAnn) [Entered: 03/15/2017 04:16 PM] |
| STATEMENT OF ISSUES [1665798] filed by American Petroleum Institute in 17-1046 [Service Date: 03/13/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Long, Robert) [Entered: 03/13/2017 05:16 PM] |
| UNDERLYING DECISION IN CASE [1665797] submitted by American Petroleum Institute in 17-1046 [Service Date: 03/13/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Long, Robert) [Entered: 03/13/2017 05:13 PM] |
| DOCKETING STATEMENT [1665794] filed by American Petroleum Institute in 17-1046 [Service Date: 03/13/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Long, Robert) [Entered: 03/13/2017 05:07 PM] |
| MOTION [1665802] for leave to intervene [Disclosure Listing: Attached] filed by Coffeyville Resources Refining & Marketing LLC and Wynnewood Refining Company [Service Date: 03/13/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052]-[Edited 03/16/2017 by LMF] (Johnson, LeAnn) [Entered: 03/13/2017 06:16 PM] |
| CERTIFICATE AS TO PARTIES, RULINGS AND RELATED CASES [1665796] filed by American Petroleum Institute in 17-1046 [Service Date: 03/13/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Long, Robert) [Entered: 03/13/2017 05:10 PM] |
| STATEMENT OF ISSUES [1665814] filed by American Fuel & Petrochemical Manufacturers in 17-1051 [Service Date: 03/13/2017 ] [17-1051, 17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1052] (Lorenzen, Thomas) [Entered: 03/13/2017 06:46 PM] |
| MOTION [1665805] for leave to intervene [Disclosure Listing: Attached] filed by Alon Refining Krotz Springs, Inc., American Refining Group, Calumet Specialty Products Partners, L.P., Lion Oil Co., Ergon Refining, Ergon-West Virginia, Inc., Hunt Refining Co., Placid Refining Co., LLP, Wyoming Refining Co., and U.S. Oil & Refining Co. [Service Date: 03/13/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052]--[Edited 03/16/2017 by LMF] (Johnson, LeAnn) [Entered: 03/13/2017 06:24 PM] |
| DOCKETING STATEMENT [1665812] filed by American Fuel & Petrochemical Manufacturers in 17-1051 [Service Date: 03/13/2017 ] [17-1051, 17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1052] (Lorenzen, Thomas) [Entered: 03/13/2017 06:43 PM] |
| MOTION [1665808] for leave to intervene [Disclosure Listing: Previously Filed] filed by American Fuel & Petrochemical Manufacturers [Service Date: 03/13/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1052]--[MODIFIED PARTY FILER--Edited 03/23/2017 by LMC] (Lorenzen, Thomas) [Entered: 03/13/2017 06:29 PM] |
| MOTION [1665556] for leave to intervene [Disclosure Listing: Attached] filed by American Petroleum Institute [Service Date: 03/10/2017 ] [17-1044, 17-1045, 17-1047, 17-1049, 17-1051, 17-1052]--[Edited 03/16/2017 by LMF] (Long, Robert) [Entered: 03/10/2017 05:21 PM] |
| CLERK'S ORDER [1665514] filed granting motion to hold case in abeyance [ # 1664407-2 ]. Consolidated cases held in abeyance pending decision in 16-1005 from this court. Motions to govern future proceedings due 30 days of court's disposition of case [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 03/10/2017 03:14 PM] |
| MOTION [1665560] for leave to intervene [Disclosure Listing: Attached] filed by the National Biodiesel Board [Service Date: 03/10/2017 ] [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051]--[Edited 03/16/2017 by LMF] (Killian, Bryan) [Entered: 03/10/2017 05:35 PM] |
| UNOPPOSED MOTION [1664407] to hold case in abeyance filed by National Biodiesel Board and EPA in 17-1052 [Service Date: 03/06/2017 ] Length Certification: 1,016 words. [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Killian, Bryan) [Entered: 03/06/2017 10:46 AM] |
| ENTRY OF APPEARANCE [1662309] filed by Samara M. Spence and co-counsel Patrick R. Jacobi on behalf of Respondent EPA in 17-1044, Respondents EPA and Catherine McCabe in 17-1046, 17-1051, 17-1052, 17-1045, 17-1047, 17-1049. [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] (Jacobi, Patrick) [Entered: 02/21/2017 06:40 PM] |
| CLERK'S ORDER [1661390] filed consolidating cases 17-1049 (Consolidation started 02/15/2017) with 17-1044; directing party to file in 17-1049 initial submissions: PETITIONER docketing statement due 03/17/2017. PETITIONER statement of issues due 03/17/2017 [17-1044, 17-1045, 17-1046, 17-1047, 17-1049, 17-1051, 17-1052] [Entered: 02/15/2017 10:43 AM] |
| CLERK'S ORDER [1661184] consolidating case 17-1047 (Consolidation started 02/14/2017) with 17-1044; directing party to file initial submissions: PETITIONER docketing statement due 03/16/2017. PETITIONER statement of issues due 03/16/2017. [17-1044, 17-1045, 17-1046, 17-1047, 17-1051, 17-1052] [Entered: 02/14/2017 12:55 PM] |
| CERTIFIED COPY [1660934] of Petition for Review sent to respondent [ # 1660932-2 ] [17-1044] [Entered: 02/13/2017 11:42 AM] |
| CLERK'S ORDER [1660986] filed directing party to file initial submissions: PETITIONER docketing statement due 03/15/2017. PETITIONER certificate as to parties due 03/15/2017. PETITIONER statement of issues due 03/15/2017. PETITIONER underlying decision due 03/15/2017. PETITIONER deferred appendix statement due 03/15/2017. PETITIONER procedural motions due 03/15/2017. PETITIONER dispositive motions due 03/30/2017; directing party to file initial submissions: RESPONDENT entry of appearance due 03/15/2017. RESPONDENT procedural motions due 03/15/2017. RESPONDENT certified index to record due 03/30/2017. RESPONDENT dispositive motions due 03/30/2017 [17-1044] [Entered: 02/13/2017 02:41 PM] |
| CLERK'S ORDER [1660991] filed consolidating cases 17-1045, 17-1046, 17-1051, 17-1052 (Consolidation started 02/13/2017) with 17-1044; directing party to file in 17-1045 initial submissions: PETITIONER docketing statement due 03/15/2017. PETITIONER statement of issues due 03/15/2017 [17-1044, 17-1045, 17-1046, 17-1051, 17-1052] [Entered: 02/13/2017 02:45 PM] |
| PETITION FOR REVIEW [1660932] of a decision by federal agency filed by Coffeyville Resources Refining & Marketing, LLC and Wynnewood Refining Company, LLC [Service Date: 02/09/2017 ] Disclosure Statement: Attached; Certificate of Parties: Not Applicable to this Filing. [17-1044] [Entered: 02/13/2017 11:41 AM] |
| PETITION FOR REVIEW CASE docketed. [17-1044] [Entered: 02/13/2017 11:41 AM] |
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