The law firm of Weitz & Luxenberg Applauds MTBE Lawsuit Victory

New York, NY April 22, 2005 New York law firm Weitz & Luxenberg, P.C. reacted with approval over Judge Shira A. Scheindlin’s ruling in Manhattan’s Federal District Court that requires major oil companies to defend dozens of lawsuits accusing them of polluting groundwater with a gasoline additive called methyl tertiary butyl ether (MTBE.)

Scheindlin's ruling means that plaintiffs, which include cities, municipalities, and private well owners in New York City and New Hampshire, can proceed with more than 80 lawsuits seeking to hold oil companies responsible for the pollution of groundwater and for the significant costs of MTBE cleanup. In Scheindlin’s opinion refusing to dismiss the majority of the claims, she said, "Innocent water providers- and ultimately innocent water users- should not be denied relief from the contamination of their water supply if defendants breached a duty to avoid an unreasonable risk of harm from their products."

In the late 1970's, the oil industry began adding MTBE to its gasoline to act as an octane booster. In 1990, the Clean Air Act stipulated that oil companies must oxygenate gasoline to reduce air pollution. Given their choice of oxygenates, oil companies stuck by MTBE, claiming it was a cost-effective by-product of their own refinery processes, despite the availability of non-polluting oxygenates.

MTBE is highly water-soluble, resists biodegradation, and moves quickly in groundwater, meaning if MTBE escapes from its container due to a leak or spill, it actively seeks out and contaminates groundwater. Once MTBE has contaminated a drinking water source, its chemical nature makes it very difficult, costly, and time-consuming to remove. Even small amounts of MTBE can cause an entire community's groundwater supply to become undrinkable, thanks to its unpleasant turpentine-like taste and odor. The Environmental Protection Agency has also called MTBE "a potential human carcinogen."

Oil companies have argued that lawsuits brought by plaintiffs demanding that the companies pay for the cost of MTBE cleanup are unfair, and that the accountability for shouldering the cost of cleanup should fall on those directly responsible for the spills, not the makers of oxygenated gasoline products. Gasoline products from several companies are often run through common pipelines before they end up at gas stations or underground storage tanks.

Instead of burdening taxpayers in affected areas with the costs of removing MTBE from their drinking water, Weitz & Luxenberg will aggressively go after the oil companies responsible. We want to do what is best not only for our clients, but for the environment and future generations as well. You have a right to clean, safe drinking water, and Weitz & Luxenberg is a powerful ally to have on your side. If you or your municipality needs our help, please fill out this simple form, call us at (800) 476-6070 or email us at clientrelations@weitzlux.com.

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see also:

Developments MTBE bans under recent state laws
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Controversy MTBE Controversy
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