In February, Chief U.S. District Judge Rudolph Randa in Milwaukee declared the minimum markup law for gasoline, on the books since 1939, as unconstitutional, said the report.
Mom-and-pop gas station operators have said the law is important for protecting their businesses, especially in the [image-nocss] tough economy, but critics have said the law costs drivers an extra 1 to 8 cents a gallon.
State Attorney General J.B. Van Hollen said in March he would not appeal Randa's ruling. The Wisconsin Petroleum Marketers & Convenience Store Association, which represents gas stations and wanted an appeal, had asked to intervene in the case.
The 7th Circuit U.S. Court of Appeals ruling Thursday allows the association to intervene, and the court will decide whether the law is constitutional, the report said.
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