Oxygenated Fuels Ass'n v. Davis
Court of Appeals for the Ninth Circuit
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
- Hines v. DavidowitzSupreme Court of the United States · 1941
- Rice v. Santa Fe Elevator Corp.Supreme Court of the United States · 1947
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- English v. General Electric Co.Supreme Court of the United States · 1990
- Pacific Gas & Electric Co. v. State Energy Resources Conservation & Development CommissionSupreme Court of the United States · 1983
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3Cited by19 opinions
- California v. Atlantic Richfield Co. (In Re Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation)Court of Appeals for the Second Circuit · 2007
- Stephan Pardi v. Kaiser Foundation HospitalsCourt of Appeals for the Ninth Circuit · 2004
- The Wilderness Society Alaska Center for the Environment v. United States Fish & Wildlife ServiceCourt of Appeals for the Ninth Circuit · 2003
- Rocky Mountain Farmers Union v. Richard W. CoreyCourt of Appeals for the Ninth Circuit · 2013
- Dowhal v. Smithkline Beecham Consumer HealthcareCalifornia Supreme Court · 2004
14 more not listed; retrieve them via the Exa API.