Legal Opinion

Oxygenated Fuels Ass'n v. Davis

Court of Appeals for the Ninth Circuit

Decided June 4, 2003No. 01-17078PublishedCited by 19 opinions

1Opinion of the Court

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 defendants filed a motion to dismiss, which was granted by the district court.

We affirm. We conclude that, in enacting the Clean Air Act, Congress left the…

2Cases cited17 opinions

  1. Hines v. DavidowitzSupreme Court of the United States · 1941
  2. Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
  3. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  4. English v. General Electric Co.Supreme Court of the United States · 1990
  5. Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983

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3Cited by19 opinions

  1. California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
  2. Stephan Pardi v. Kaiser Foundation HospitalsCourt of Appeals for the Ninth Circuit · 2004
  3. The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife ServiceCourt of Appeals for the Ninth Circuit · 2003
  4. Rocky Mountain Farmers Union v. Richard W. CoreyCourt of Appeals for the Ninth Circuit · 2013
  5. Dowhal v. Smithkline Beecham Consumer HealthcareCalifornia Supreme Court · 2004

14 more not listed; retrieve them via the Exa API.

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