Sonia Sotomayor on Energy & Oil



Expansive reading of EPA's authority under the Clean Air Act

Sotomayor, the third member of the court's liberal wing, is also thought to be a vote in favor of a more expansive reading of EPA's authority under the Clean Air Act. She voted alongside Kagan in Gundy.

Kagan led the majority opinion in 2019's Gundy, rejecting arguments that Congress had handed too much power to the executive branch. The case narrowly avoided a revival of the long-dormant nondelegation doctrine but provided justices a platform for revisiting the administrative law issue.

Source: GreenWire E&E News on 2021 EPA & climate SCOTUS cases , Nov 3, 2021

No extensions for refineries' Renewable Fuel Program

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 ("RFS") program. Three small fuel refineries had each applied for a hardship exemption under the RFS program, and the EPA had granted each request. A group of renewable fuel producers then challenged those exemptions. By a vote of six to three, the Court held that the text of the statute does not require that the exemption be held continually in order to remain valid.

Justice Amy Coney Barrett dissented in an opinion joined by Justices Sonia Sotomayor and Elena Kagan. The dissenting justices argued that, while the majority attributed to Congress a meaning of "extension" that is "possible," it did not give the term its "ordinary meaning." In the view of the dissenters, the "ordinary meaning" of "extension" excludes a firm that has allowed its prior exemption to lapse.

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

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Other Justices on Energy & Oil: Sonia Sotomayor 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