, Nova Science Publishers. http://books.google.com/books?hl=en&lr=&id=FfHAMK22DnYC&oi=fnd&pg=PA25&dq=MTBE+ban&ots=HUTpGT20Ba&sig=yjCKwJ_tfcw8 Zz2cRkweMqJrhUU
Under the Energy Policy Act of 2005, (P.L. 109-58), the RFG program’s oxygen mandate terminates on May 6,2006, and refiners are scrambling to remove MTBE from the nations gasoline supply by that date. The phaseout of MTBE (like its use) is not required by federal law, but gasoline refiners have focused on the May 6 date because of concerns over their potential liability for its continued presence. MTBE has contaminated drinking water in anumber of states, and about half have passed legislation to ban or restrict its use.
MTBE has been banned in about half the states and hundreds of lawsuits have been filed against it.
James E. McCarthy (Environmental Policy specialist at the Congressional Research Service,) and MaryTiemann (Specialist in Environmental Policy Resources, Science, and Industry Division. Congressional ResearchService.) “MTBE in Gasoline: Clean Air and Drinking Water Issues.” From the book Water Pollution Issues and Developments. 2008, Nova Science Publishers. http://books.google.com/books?hl=en&lr=&id=FfHAMK22DnYC&oi=fnd&pg=PA25&dq=MTBE+ban&ots=HUTpGT20Ba&sig=yjCKwJ_tfcw8 Zz2cRkweMqJrhUU
MTBE has contaminated drinking water in a number of states, and about half have passed legislation to ban or restrict its use. Hundreds of suits have been filed to require petroleum refiners and marketers to pay for cleanup of contaminated water supplies, the cost of which has been estimated to be in the billions of dollars.
MTBE contamination results in lawsuits when it is a problem
Steven Patrick, (Senior Hazardous Materials Officer, Hazardous Materials Response Unit, Federal Bureau of Investigation) “Tort Claims Under Common Law a Key Tactic For Attorneys Litigating Environmental Cases.” November 30, 2009. Chemical Regulation Reporter, http://news.bna.com/chln/display/batch_print_display.adp
Another area of toxic torts in which both sides expect to see a great deal of activity over the next year or so iswater pollution, with claims being filed on behalf of states, counties, cities, and other public agencies. As with theclimate change legislation, public nuisance will factor in these suits.“There’s a whole set of another kind of cases where we are going to have to expect lawsuits brought on behalf of government agencies, and those are over the pollution of water systems,” said Bryant, the public Justice director.The model for these, he said, is the ongoing and high-profile litigation over the gasoline additive methyl tertiary butyl ether (MTBE).“MTBE litigation has been enormous,” Bryant said.A bellwether trial in the federal multi-district litigation is the U.S. District Court for the Southern District of New York ended Oct. 19 when a jury held that ExxonMobil, one of the few large companies that did not enter into a$422 million settlement over MTBE-related water contamination claims, was liable to New York City for $105million in damages for polluting several drinking water wells.
(In Re: Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation, S.D.N.Y., No. 00-1898, 10/16/09; 33 CRR 1046, 10/16/09)