Wynnewood Refining v. EPA | Docket

Wynnewood Refining v. EPA

On remand from the Supreme Court, the Fifth Circuit addressed petitions for review of EPA actions that the Supreme Court determined were based on nationwide-scope or nationwide-effect determinations. Because venue was proper only in the D.C. Circuit, and the parties agreed, the Fifth Circuit transferred the petitions there and denied outstanding motions.

Docket

Court

Court of Appeals for the Fifth Circuit

Court level

appellate

Jurisdiction

Federal

Date filed

August 7, 2025

Parties

United States Environmental Protection Agency · respondentErgon Refining, Incorporated · petitionerPlacid Refining Company, L.L.C. · petitionerCalumet Shreveport Refining, L.L.C. · petitionerSan Antonio Refinery, L.L.C. · petitionerWynnewood Refining Company, L.L.C. · petitionerErgon-West Virginia, Incorporated · petitioner

Judges

Elrod · majorityHigginbotham · majoritySmith · majority

Status

published

Disposition

The petitions for review are TRANSFERRED to the U.S. Court of Appeals for the D.C. Circuit; any outstanding motions are DENIED.

Opinion type

combined

Format

per curiam

Nature of suit

Agency

Source

View PDF

United States Court of Appeals for the Fifth Circuit

Calumet Shreveport Refining, L.L.C.; Placid Refining Company, L.L.C., Ergon Refining, Incorporated; Wynnewood Refining Company, L.L.C., Petitioners , versus United States Environmental Protection Agency, Respondent ,

consolidated with

No. 22-60425

Wynnewood Refining Company, L.L.C.; Calumet Shreveport Refining, L.L.C.; San Antonio Refinery, L.L.C.; Petitioners , versus United States Environmental Protection Agency, Respondent ,

consolidated with

Ergon Refining, Incorporated; Ergon-West Virginia, Incorporated, Petitioners , versus United States Environmental Protection Agency, Respondent ,

Page 2consolidated with

No. 22-60434

Placid Refining Company, L.L.C., Petitioner , versus United States Environmental Protection Agency, Respondent .

Page 3Petitions for Review of Orders of the Environmental Protection Agency Agency No. 87 Fed. Reg. 24300 Agency No. EPA-420-R-22-011 Agency No. 87 Fed. Reg. 34873

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before Elrod , Chief Judge , Higginbotham and Smith, Circuit Judges .

Per Curiam:

The Supreme Court vacated this court's judgment and remanded, holding that the actions under review were based on determinations of nationwide scope or effect and that venue is therefore proper only in the U.S. Court of Appeals for the D.C. Circuit. 605 U.S. ---, 145 S. Ct. 1735, 1752 (2025). On remand, the parties agree that we should transfer these petitions for review.

The petitions for review are TRANSFERRED to the U.S. Court of Appeals for the D.C. Circuit. Any outstanding motions are DENIED .