November 08, 2024
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Oil industry says suits over MTBE could disrupt gas supply

HARTLAND, Vt. – The oil industry has filed court papers saying a suit brought by the town and more than 150 other plaintiffs around the country could disrupt America’s gasoline supply.

The town is seeking damages from the companies for a 1997 gasoline spill that contaminated dozens of private wells with a toxic additive, methyl tertiary-butyl ether.

ExxonMobil Corp. and others responded Monday in U.S. District Court, arguing that such claims were pre-empted by the Clean Air Act and should be resolved in the oil companies’ favor.

The companies contend the case raises the question of who may determine the content of gasoline for motor vehicles nationwide – the U.S. Environmental Protection Agency or civil juries in numerous states.

Attorney Gregory Weimer of Burlington said regulating the use of MTBE through different state court actions could produce inconsistent results across the country for something that has been regulated uniformly.

For example, oxygenated fuels are mandated in the New York City area. If a New York state court found that MTBE was a defective product and a New Jersey state court did not, the companies would have no way of knowing whether they could distribute gasoline containing MTBE in the metropolitan area.

More than 50 lawsuits have been filed in 14 states concerning MTBE, according to the oil companies. More than 150 plaintiffs, including Hartland, have filed claims in the past two months.


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