The Supreme Court of the United States (SCOTUS) completed its October 2024 term with an Order List that includes several environmental cases.

Writs of Certiorari Granted
The June 30 Order List granted the writ of certiorari in Enbridge Energy v. Nessel, a case involving an effort to shut down Enbridge’s Line 5 Pipeline, which runs between Michigan’s Lower and Upper Peninsulas. The district court ruled that equitable exceptions allowed Enbridge to remove the case to federal court after the thirty-day deadline specified in the federal statute. The 6th Circuit Court of Appeals disagreed and reversed. SCOTUS agreed to consider the procedural issue.

The Order List granted the writ and without opinion vacated the 5th Circuit’s ruling in Growth Energy v. Calumet Shreveport Refining. The 5th Circuit is to reconsider the case, which involves small refinery exemption petitions under the Renewable Fuels Program, based on the SCOTUS ruling in EPA v. Calumet Refining, which held that EPA’s denials of small refinery exemption petitions fall within the “nationwide scope or effect” exception, requiring venue in the D.C. Circuit.

Writs Denied
SCOTUS refused to hear ExxonMobil v. Environment TX Citizen and Port of Tacoma v. Puget Soundkeeper Alliance.

Several prior alerts discussed ExxonMobil, a citizen suit under the Clean Air Act. The most recent 5th Circuit action was an 8-8 split between affirming and reversing a district court decision imposing over $14 million in penalties. One 5th Circuit judge refused to affirm or reverse. The even split affirmed the district court’s decision but has no precedential effect.

In Port of Tacoma, the 9th Circuit allowed a citizen suit under the Clean Water Act to enforce provisions in a discharge permit imposed by the State that were more stringent than what federal law required.

To see the Order List https://www.supremecourt.gov/orders/courtorders/063025zor_7647.pdf