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AMERICAN PETROLEUM INSTITUTE v. COOPER

No. 12-1078.

718 F.3d 347 (2013)

AMERICAN PETROLEUM INSTITUTE; American Fuels and Petrochemical Manufacturers Association, Plaintiffs-Appellants, v. Roy A. COOPER, III, Attorney General of the State of North Carolina, Defendant-Appellee, North Carolina Petroleum and Convenience Marketers Association, Intervenor/Defendant-Appellee. Petroleum Marketers Association of America, Amicus Supporting Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: June 6, 2013.

Attorney(s) appearing for the Case

ARGUED: Robert Allen Long, Jr. , Covington & Burling, LLP, Washington, D.C., for Appellants. Melissa Lou Trippe , North Carolina Department of Justice, Raleigh, North Carolina; Charles Foster Marshall, III , Brooks, Pierce, McLendon, Humphrey & Leonard, Raleigh, North Carolina, for Appellees. ON BRIEF: Thomas L. Cubbage III , Henry B. Liu , Kristen E. Eichensehr , Covington & Burling, LLP, Washington, D.C., for Appellants. Alexander McClure Peters , North Carolina Department of Justice, Raleigh, North Carolina, for Appellee Roy A. Cooper, III; Eric M. David, Mary F. Peña, Brooks, Pierce, McLendon, Humphrey & Leonard, Raleigh, North Carolina, for Appellee North Carolina Petroleum and Convenience Marketers Association. Alphonse M. Alfano , Bassman, Mitchell & Alfano, Chartered, Washington, D.C., for Amicus Supporting Appellees.

Affirmed in part, vacated in part, and remanded by published opinion. Judge AGEE wrote the opinion, in which Judge MOTZ and Judge KING joined.

AGEE, Circuit Judge:

Plaintiffs American Petroleum Institute ("API") and American Fuels and Petrochemical Manufacturers Association ("AFPMA") (collectively "Plaintiffs") brought federal preemption-based challenges in the district court seeking to enjoin enforcement of North Carolina's Ethanol Blending Statute ("the Blending Statute"), N.C. Gen.Stat. § 75-90 (2008). Concluding that the Blending Statute was not preempted under any of the grounds advanced by Plaintiffs...

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