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Oxygenated Fuels Association, Inc. v. Davis

331 F.3d 665 (2003)

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Oxygenated Fuels Association, Inc. v. Davis

United States Court of Appeals for the Ninth Circuit
331 F.3d 665 (2003)

  • Written by Robert Cane, JD

Facts

State officials on the California Air Resources Board (the board) (defendants) enacted a ban on methyl tertiary-butyl ether (MTBE). MTBE was an oxygenate used as a fuel additive to reduce gasoline emissions. The Oxygenated Fuels Association Incorporated (OFA) (plaintiff) represented MTBE producers and opposed the ban. The Clean Air Act prohibited states from regulating fuel additives based on motor-vehicle-emission control. California was exempted from this provision of the Clean Air Act and was authorized to regulate fuel additives for the purpose of emission control under 42 U.S.C. § 7545(c)(4)(B). The board stated that it had imposed the ban on MTBE to protect groundwater and did not mention emission control. OFA brought an action against various state officials, arguing that the ban on MTBE was preempted by the federal Clean Air Act. The district court granted the state officials’ motion to dismiss. OFA appealed to the United States Court of Appeals for the Ninth Circuit.

Rule of Law

Issue

Holding and Reasoning (Fletcher, J.)

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