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American Petroleum Institute v. Cooper

Filing Date: 2008
Case Categories:
  • Constitutional Claims
    • Commerce Clause
Principal Laws:
Commerce Clause, Supremacy Clause
Description: Challenge to state law requiring refineries to sell wholesalers gas unblended with ethanol.
  • American Petroleum Institute v. Cooper
    Docket number(s): 5:08-cv-396-FL
    Court/Admin Entity: E.D.N.C.
    Case Documents:
    Filing Date Type File Action Taken Summary
    12/16/2011 Order Download Order issued granting defendants' motion for summary judgment. A federal district court in North Carolina granted a summary judgment motion dismissing a challenge by an industry group to a North Carolina law requiring oil refiners and producers to sell wholesalers gasoline unblended with ethanol. The industry group had asserted that the law was preempted by federal law. The dispute arose because a federal excise tax credit allowed a party who blended ethanol with gasoline to claim a
    credit against its gasoline excise tax obligations to the Internal Revenue Service. The state statute had the effect of preventing suppliers from receiving the tax credit. The court held that the state law did not interfere with federal law and only required that suppliers importing gasoline into North Carolina give distributors and
    retailers the option to buy gasoline that was not pre-blended.

© 2023 · Sabin Center for Climate Change Law · U.S. Litigation Chart made in collaboration with Arnold & Porter Kaye Scholer LLP

The materials on this website are intended to provide a general summary of the law and do not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.