No. _____ In the Supreme Court of the United States

To ensure adequate supply of petro- leum products during World War II, the United States government controlled every aspect of Applicants’ operations at these refineries through coercive and mandatory commands.

Under CERCLA, Ap- plicants may recover a fair share of clean-up costs from another “operator” of the re- fineries, including the United States.

Com- pare FMC Corp. v. U.S. Dep’t of Com., 29 F.3d 833, 843 (3d Cir. 1994) (holding that the federal government was an operator because it “determined what product the facility would manufacture, controlled the supply and price of the facility’s raw ma- terials, … supplied equipment,” had authority over employees, and controlled “the price of the facility’s product” and “who could purchase the product”), with MRP Prop- erties Co., LLC v. United States, 72 F.4th 166, 173 (6th Cir. 2023) (rejecting the argu- ment that the government was an operator even though it “told refineries what to produce and ... , to produce those items, refineries altered their operations in ways that increased waste production”).

A 59-day extension would give counsel sufficient opportunity to review the record, analyze the issues presented, and prepare the petition for filing.

Applicants respectfully request that an order be entered extending the time to file a petition for a writ of certiorari up to and including Friday, December 22, 2023.

Jennifer C. Barks, KELLEY DRYE & WARREN LLP, Houston, Texas, Jill M. Wheaton, DYKEMA GOSSETT PLLC, Ann Arbor, Michigan, for Appellees.

Compounding this last problem, government rationing of steel and other construction materials delayed repairs meant to address corrosion and prevent “unintended leaks, spills, and breaks.” Id. at 50.

“Although the government had regulatory authority over the [petroleum] industry,” it did not thereby “‘manage, direct, or conduct ... operations having to do with the leakage or disposal of hazardous waste, or decisions about compliance with environmental regulations.’” Id. (quoting Bestfoods, 524 U.S. at 61).

That reality does not turn end-users into “operators.” PPG, 957 F.3d at 405 (holding that “a [g]overment directive to increase output during a time of war” did not make the government an operator, even when manufacturer responded by altering production processes).

In a similar vein, Valero observes that the wartime government rationed steel and other necessary capital goods, leading to deferred maintenance and increases in leakage.