The refineries argued that the language of the law suggested an extension may be applied for "at any time", and did not require a continuous exemption period.

The consolidated suit was brought directly to the Tenth Circuit, where the court overturned the EPA's decision, stating the agency exceeded its authority, and agreed with the renewable fuel associations' assertion that by interpretation of "extension", there had to be an exemption to extend in place already.

[1][2] The refineries petitioned to the Supreme Court to review the Tenth Circuit's ruling, and the case was granted certiorari in January 2021.

[3] Justice Amy Coney Barrett wrote a dissent joined by Sonia Sotomayor and Elena Kagan.

Barrett argued that the majority's interpretation of the ordinary meaning of "extension" was incorrect, and that it was implied that this required the continuous exemption period to be in place to extend.