Renewable Fuels Association, et al. v. EPA, No. 18-9533 (10th Cir. 2021)
Annotate this CaseThis opinion or order relates to an opinion or order originally issued on January 24, 2020.
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Appellate Case: 18-9533 Document: 010110555246 Date Filed: 07/29/2021 UNITED STATES COURT OF APPEALS FOR THE TENTH CIRCUIT _________________________________ RENEWABLE FUELS ASSOCIATION; AMERICAN COALITION FOR ETHANOL; NATIONAL CORN GROWERS ASSOCIATION; NATIONAL FARMERS UNION, Page: 1 FILED United States Court of Appeals Tenth Circuit July 29, 2021 Christopher M. Wolpert Clerk of Court Petitioners, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, Respondent, and HOLLYFRONTIER CHEYENNE REFINING, LLC; HOLLYFRONTIER REFINING AND MARKETING, LLC; HOLLYFRONTIER WOODS CROSS REFINING, LLC; WYNNEWOOD REFINING COMPANY, LLC, Intervenors - Respondents. -----------------------------AMERICAN FUEL & PETROCHEMICAL MANUFACTURERS; STATE OF WYOMING; SINCLAIR WYOMING REFINING COMPANY; SINCLAIR CASPER REFINING COMPANY; BIG WEST OIL, LLC; COUNTRYMARK REFINING AND LOGISTICS, LLC; ALON REFINING KROTZ SPRINGS, INC.; ALON USA, LP; AMERICAN No. 18-9533 (EPA No. 1-3876) (Environmental Protection Administration) Appellate Case: 18-9533 Document: 010110555246 Date Filed: 07/29/2021 Page: 2 REFINING GROUP, INC.; CALUMET MONTANA REFINING, LLC; CALUMET SHREVEPORT REFINING, LLC; DELEK REFINING, LTD.; ERGON REFINING, INC.; ERGON-WEST VIRGINIA, INC.; HUNT REFINING COMPANY; LION OIL COMPANY; PLACID REFINING COMPANY, LLC; PAR HAWAII REFINING, LLC; U.S. OIL & REFINING COMPANY; WYOMING REFINING COMPANY, Amici Curiae. _________________________________ ORDER AND JUDGMENT* _________________________________ Before KELLY, BRISCOE, and LUCERO, Circuit Judges. _________________________________ In light of the United States Supreme Court’s decision in HollyFrontier Cheyenne Refining, LLC v. Renewable Fuels Association, 141 S. Ct. 2172 (2021), we previously recalled our mandate and vacated our judgment in this case. The Clerk shall issue a new mandate consistent with the Supreme Court’s decision. Entered for the Court, Per Curiam * This order and judgment is not binding precedent, except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1. 2
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