OXYGENATED FUELS ASS'N, INC. v. DAVIS

No. CIVS010156DFLGGH.

163 F.Supp.2d 1182 (2001)

OXYGENATED FUELS ASSOCIATION, INC., Plaintiff, v. Gray DAVIS, in his capacity as Governor of the State of California, and Alan C. Lloyd, in his capacity as Chairman of the California Air Resources Board, Defendants.

United States District Court, E.D. California.

September 5, 2001.


Attorney(s) appearing for the Case

Rebecca Michelle Ceniceros, Esq., Livingston and Mattesich, Sacramento, Geraldine Edens, Esq., Cadwalader, Wickersham and Paft, Washington, DC, for Plaintiff.

Marc N. Melnick, Esq., Deputy Attorney General, California Department of Justice, Oakland, Russell B. Hildreth, Esq., Deputy Attorney General, Sacramento, CA, for Defendants.


MEMORANDUM OF OPINION AND ORDER

LEVI, District Judge.

Plaintiff Oxygenated Fuels Association, Inc. ("OFA") is a trade association whose members include the major producers of methyl tertiary-butyl ether ("MTBE"), an oxygenate used in gasoline. In this action, OFA challenges a California regulation that bans the use of MTBE in California gasoline starting December 31, 2002 ("the California MTBE ban" or "the MTBE ban"). OFA claims that the California...

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