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AMERICAN PETROLEUM INSTITUTE v. JORLING

No. 89-CV-238.

710 F.Supp. 421 (1989)

AMERICAN PETROLEUM INSTITUTE, Plaintiff, v. Thomas JORLING, as Commissioner of the New York State Department of Environmental Conservation, and The New York State Department of Environmental Conservation, Defendants.

United States District Court, N.D. New York.

April 4, 1989.

Attorney(s) appearing for the Case

Cleary, Gottlieb, Steen & Hamilton, New York City, McNamee, Lochner, Titus & Williams, Albany, N.Y., for plaintiff; Thomas J. Moloney, Michael R. Chayet, New York City, Charles F. Lettow, John M. Bredehoft, G. William Frick, David T. Deal, Washington, D.C., and G. Kimball Williams, Albany, N.Y., of counsel.

Robert Abrams, Atty. Gen. of State of N.Y., Albany, N.Y., for defendants; David R. Wooley and Michael J. Moore, of counsel.

Com. of Mass., James M. Shannon, Atty. Gen., Boston, Mass., amicus curiae; Janet G. McCabe, of counsel.

MEMORANDUM-DECISION AND ORDER

McAVOY, District Judge.

INTRODUCTION

Plaintiff American Petroleum Institute (API), a corporate trade association with approximately 200 members engaged in every facet of the petroleum business including production, refining, transportation and marketing, has moved, following commencement of the present action, for a preliminary injunction barring enforcement of a regulation on motor vehicle fuel volatility recently...

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