ELR Citation: ELR 20212
No(s). 01-17078 (9th Cir. Jun 4, 2003)

The court affirms a district court holding that the Clean Air Act (CAA) does not preempt California's ban of the use of methyl tertiary butyl ether (MTBE) in oxygenated fuel. CAA §211(c)(4)(A) preempts state regulation of fuel for purposes of motor vehicle emissions, but California is exempt fr...