Oxygenated Fuels Association Incorporated v. Gray Davis

331 F.3d 665 OXYGENATED FUELS ASSOCIATION INCORPORATED, Plaintiff-Appellant, v. Gray DAVIS, in his capacity as Governor of the State of California; Alan C. Lloyd, in his capacity as Chairman of the California Air Resources Board, Defendants-Appellees. No. 01-17078. United States Court of Appeals, Ninth Circuit. Argued and Submitted February 11, 2003. Filed June 4, 2003. Frederick R. Anderson and Geraldine Edens, Cadwalader, Wickersham & Taft, Washington, DC, Rebecca Ceniceros and Gene Livingston, Livingston & Maattesich, Sacramento, CA, for appellant. Russell B. Hildreth, Office of the Attorney General, Sacramento, CA, Marc N. Melnick, Office of the Attorney General, Oakland, CA, for appellees. Appeal from the United States District Court for the Eastern District of California; David F. Levi, District Judge, Presiding. D.C. No. CV-01-00156-DFL. Before CANBY, O'SCANNLAIN and W. FLETCHER, Circuit Judges. OPINION WILLIAM A. FLETCHER, Circuit Judge. 1 Plaintiff-appellant Oxygenated Fuels Association Inc. ("OFA") sued various state officials after California enacted a ban on methyl tertiary-butyl ether ("MTBE"), an oxygenate used to reduce gasoline emissions. OFA, a trade…