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OXYGENATED FUELS ASS'N INC. v. DAVIS

No. 01-17078.

331 F.3d 665 (2003)

OXYGENATED FUELS ASSOCIATION INCORPORATED, Plaintiff-Appellant, v. Gray DAVIS, in his capacity as Governor of the State of California; Alan C. Lloyd, in his capacity as Chairman of the California Air Resources Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed June 4, 2003.

Attorney(s) appearing for the Case

Frederick R. Anderson and Geraldine Edens, Cadwalader, Wickersham & Taft, Washington, DC, Rebecca Ceniceros and Gene Livingston, Livingston & Maattesich, Sacramento, CA, for appellant.

Russell B. Hildreth, Office of the Attorney General, Sacramento, CA, Marc N. Melnick, Office of the Attorney General, Oakland, CA, for appellees.

Before CANBY, O'SCANNLAIN and W. FLETCHER, Circuit Judges.

OPINION

WILLIAM A. FLETCHER, Circuit Judge.

Plaintiff-appellant Oxygenated Fuels Association Inc. ("OFA") sued various state officials after California enacted a ban on methyl tertiary-butyl ether ("MTBE"), an oxygenate used to reduce gasoline emissions. OFA, a trade association representing MTBE producers, argued that California's MTBE ban is preempted by the federal Clean Air Act, 42 U.S.C. § 7401 et seq., and sought to enjoin the ban. The...

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