The Department of Justice has decided not to appeal a decision to throw out Wisconsin's minimum markup law.
A federal court ruled last month that a state law requiring gas stations to markup wholesale prices by about 9-percent was unconstitutional. Attorney General J.B. Van Hollen says that decision will be allowed to stand and the state will not appeal.
The Attorney General says it should be left to the Legislature to find a way to reinstate the law, if lawmakers decide it is needed. He says it's better not to spend DOJ resources on the issue.
Van Hollen says the decision was also based on the fact that DATCP, the agency responsible for enforcing the law, did not request an appeal. He adds that they can't fight every court decision that goes against the state.
Governor Jim Doyle, a long time proponent of efforts to repeal the law, agrees with the Attorney General's decision. Doyle says it's an outdated law that most states have moved away from.
