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OXYGENATED FUELS ASS'N, INC. v. PATAKI

No. 1:00-CV-1073.

293 F.Supp.2d 170 (2003)

OXYGENATED FUELS ASSOCIATION, INC. Plaintiff, v. George PATAKI, in his capacity as Governor of the State of New York, and Eliot Spitzer, in his capacity as Attorney General for the State of New York, Defendants.

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

November 21, 2003.

Attorney(s) appearing for the Case

Steptoe & Johnson, LLP, Seth Goldberg, Esq., Anita G. Fox, Esq., Lincoln L. Davies, Esq., Washington, DC, Hancock and Estabrook, LLP, David S. Howe, Esq., of counsel, Eric C. Nordby, Esq., of counsel, Syracuse, NY, for Plaintiff.

Eliot Spitzer, Attorney General of the State of New York, Philip Bein, Esq., Assistant Attorney General, of counsel, David A. Munro, Esq., Assistant Attorney General, D. Scott Bassinson, Esq., Assistant Attorney General, Environmental Protection Bureau, New York City, for Defendants.

MEMORANDUM-DECISION AND ORDER

MORDUE, District Judge.

Plaintiff is a trade association, the members of which include major producers of methyl tertiary butyl ether ("MTBE"), an oxygenated fuel additive ("oxygenate") used in motor vehicle fuel to improve combustion for the purpose of reducing emissions pollution. In this action under the Supremacy Clause, U.S. CONST., Art. VI, cl. 2, the Clean Air Act ("CAA"), 42 U.S.C. § 7401 et seq., and the...

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