In Re Methyl Tertiary Butyl Ether (“MTBE”) Products Liability Litigation
United States District Court for the Southern District of New York
379 F. Supp. 2d 348 (2005)
- Written by Tiffany Hester, JD
Facts
Methyl tertiary butyl ether (MTBE) was a nonbiodegradable gasoline additive that quickly dissolved in water, with even a small amount contaminating groundwater for years. MTBE lacked a chemical signature, making MTBE untraceable to the manufacturer. During distribution, MTBE-laced gasoline from multiple manufacturers was commingled in pipelines. In the 1980s, gasoline companies (defendants) added MTBE to gasoline to increase octane levels, knowing that routine gas leaks at filling stations would cause massive groundwater contamination. Cities and water providers (plaintiffs) across 15 states sued the gasoline companies based on various theories of collective liability. The gasoline companies moved for dismissal, arguing that the plaintiffs failed to identify which company produced the MTBE-laced gasoline that contaminated the groundwater.
Rule of Law
Issue
Holding and Reasoning (Scheindlin, J.)
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