American Petroleum Institute v. Attorney General of North Carolina, 681 F. Supp. 2d 635 (E.D.N.C. 1-26-10)

Court rejected a claim that a state ethanol-blending statute was preempted by the PMPA. The 1994 amendments to the PMPA [which added Sections 2801(13)(C) and 2805(f)(1)(B)], effectively overturn the Fourth Circuit’s earlier decision in Mobil Oil Corp. v. Va. Gas. Marketers & Auto. Repair Ass’n, 34 F.3d 220 (4th Cir. 1994). The amendments clarified congressional intent that states have the authority to pass substantive laws making certain franchise provisions illegal or unenforceable. Summary judgment was, therefore, granted to the defendant and intervenor-defendants.