United States Fourth Circuit

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American Petroleum Institute v. Cooper, 12-1078

Summary judgment for defendants in a federal preemption-based challenge seeking to enjoin enforcement of North Carolina's Ethanol Blending Statute is: 1) affirmed in part, where the Blending Statute is not preempted by the Petroleum Marketing Practices Act or the federal renewable fuel program; and 2) vacated in part and remanded, where genuine issues of material fact remain unresolved as to plaintiffs' Lanham Act preemption challenge to the Blending Statute.

Appellate Information

  • Decided 06/06/2013
  • Published 06/06/2013

Judges

  • AGEE

Court

  • United States Fourth Circuit

Counsel