Ammex, Inc. v. Wenk, No. 18-1677 (6th Cir. 2019)Annotate this Case
The Clean Air Act directs the Environmental Protection Agency (EPA) to establish National Ambient Air Quality Standards (NAAQS) for certain air pollutants, 42 U.S.C. 7409. Each state must propose a state implementation plan (SIP) that “specif[ies] the manner in which national . . . ambient air quality standards will be achieved and maintained” for approval by the EPA. A 1990 CAA amendment set a national Reid Vapor Pressure (RVP) standard for gasoline. In 2004, the EPA informed Michigan that eight counties in southeast Michigan were “nonattainment” areas for the ozone NAAQS. In response, Michigan enacted the “Summer Fuel Law” to limit the RVP for gasoline sold during the summer months within those eight counties. After concluding that the revised RVP standards were “necessary” for the attainment of the ozone NAAQS, the EPA approved the incorporation of the Summer Fuel Law into Michigan’s SIP. Ammex unsuccessfully sought a preliminary injunction to prevent the Michigan Department of Agriculture and Rural Development from enforcing the Summer Fuel Law, arguing that the standard violates the Supremacy Clause and dormant Foreign Commerce Clause of the United States Constitution. The Sixth Circuit affirmed the denial of the motion. MDARD’s enforcement of the standard is the enforcement of federal law.