Federal appeals court says states have authority to ban MTBE

The US Court of Appeals for the Ninth Circuit in San Francisco early this month unanimously affirmed a lower court decision that found California did not preempt federal authority when the state banned the fuel additive methyl tertiary butyl ether. "We conclude that, in enacting the Clean Air Act, Congress left the states substantial authority to enact legislation governing matters of public health and safety," the appeals court said. The Renewable Fuels Association, representing fuel ethanol producers, predicted the court's action might encourage other states to ban MTBE. RFA members said they can easily supply refiners with product so states can meet federal reformulated gasoline (R...

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