American Petroleum Institute v. Roy Cooper, III

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…