Neil Gorsuch on Energy & Oil



Allow refineries Renewable Fuel Program extensions

On June 25, 2021, the Supreme Court decided HollyFrontier Cheyenne Refining v. Renewable Fuels Association, which concerned small refiners' eligibility for hardship exemptions under the federal renewable fuels standards program. Three small fuel refineries had each applied for a hardship exemption, and the EPA had granted each request. A group of renewable fuel producers then challenged those exemptions.

In an opinion by Justice Neil Gorsuch, a majority of the Supreme Court reversed the court of appeals and held that a refiner that has allowed its prior exemption to lapse can apply for & receive an "extension" of its exemption. "It is entirely natural--and consistent with ordinary usage--to seek an 'extension' of time even after some lapse," Gorsuch wrote. "Think of the forgetful student who asks for an 'extension' of a term paper after the deadline has passed, the tenant who does the same after overstaying his lease, or parties who negotiate an extension of a contract after its expiration."

Source: JD Supra on 2021 EPA & climate SCOTUS cases , Jul 14, 2021

Ok for states to establish renewable energy mandates

The 10th Circuit Court of Appeals says Colorado's mandate that the state's biggest utilities get 30% of their power supplies from renewable resources is legal. Renewable energy supporters hailed the ruling as precedent-setting protection. The Energy & Environment Legal Institute (EELI), which filed the case in 2011, called it a "harmful opinion straying from well-established precedent."

The judges said Colorado's mandate, known as the Renewable Portfolio Standard, would not harm interstate commerce. EELI alleged that Colorado's standard was unconstitutional because it discriminated against other energy resources that are "less costly, less polluting, safer and more reliable" both inside and outside the state.

The three-judge panel disagreed. Colorado's renewable energy requirement "isn't a price-control statute, it doesn't link prices paid in Colorado with those paid out of state, and it does not discriminate against out-of-staters," Judge Neil Gorsuch wrote.

Source: Denver Business Journal on Gorsuch RPS ruling , Jul 14, 2015

Other Justices on Energy & Oil: Neil Gorsuch on other issues:
Samuel Alito(since 2006)
Amy Coney Barrett(since 2020)
Stephen Breyer(since 1994)
Neil Gorsuch(since 2017)
Ketanji Brown Jackson(nominated 2022)
Elena Kagan(since 2010)
Brett Kavanaugh(since 2018)
John Roberts(since 2005)
Sonia Sotomayor(since 2009)
Clarence Thomas(since 1991)

Former Justices:
Merrick Garland(nominated 2016)
Ruth Bader Ginsburg(1993-2020)
Anthony Kennedy(1988-2018)
Antonin Scalia(1986-2016)
John Paul Stevens(1975-2010)
David Souter(1990-2009)
Sandra Day O'Connor(1981-2006)
William Rehnquist(1975-2005)

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Page last updated: Mar 21, 2022