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Constitutional – Preemption – Ethanol Blending Statute – Federal Renewable Fuel Program – Intellectual Property – Lanham Act – PMPA – Commerce Clause (access required)

American Petroleum Institute v. Cooper North Carolina’s Ethanol Blending Statute – which allows gasoline marketers in our state to participate in the blending of ethanol and gasoline (and the tax credits that go along with such blending) – does not conflict with and is not preempted by the Federal Renewable Fuel Program, the Lanham Act, or the Petroleum Marketing Practices Act, nor does the Ethanol Blending Statute violate the Commerce Clause. Defendants’ motion for summary judgment is granted.

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