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Plant Oil Powered Diesel Fuel Systems, Inc. v. ExxonMobil Corp.

ELR Citation: 41 ELR 20155
Nos. No. 11-0103, (D.N.M., 04/18/2011)

A district court denied a triglyceride diesel fuel manufacturer's motion to preliminarily enjoin the American Society for Testing and Materials' (ATSM's) promulgation of a proposed new standard and guidelines for biofuels that would limit, if not bar, the use of triglyceride diesel fuel and related products. The manufacturer's feedstock for making triglyceride diesel fuel at this time consists primarily of waste vegetable oils and greases obtained from restaurants and industrial and agricultural operations. The manufacturer brought its action under the Clayton Act to enjoin the defendant oil companies and the ATSM from agreeing, combining, and conspiring to bring about the adoption of an industry standard and guidelines for triglyceride diesel fuel, the purpose and effect of which the manufacturer alleges will be to exclude it and other sellers of triglyceride diesel fuel from diesel fuel markets in the United States. But the manufacturer does not face imminent injury, since the draft ASTM triglyceride standard is at least two steps away from being approved for publication. Accordingly, the manufacturer will not be irreparably harmed if the court does not impose a preliminary injunction. Its motion was therefore denied.