Interesting press release about MTBE..
(PR NEWSWIRE) DJ: Two Legal Actions Started in California Against MTBE; Oi
DJ: Two Legal Actions Started in California Against MTBE; Oil Companies Had
Duty to Insure Safety, Law Firm Says
LOS ANGELES, May 29 /PRNewswire/ -- Two lawsuits have been filed in
California against oil companies that have sold gasoline containing MTBE,
the gasoline additive that has been widely accused of causing water
contamination and other adverse health effects.
The law firm of Masry and Vititoe went to court in Los Angeles on Thursday
with two separate actions -- one against five oil companies specifically
involving water contamination in the town of Glenville, Calif., and another,
larger, class-action suit against 10 oil companies.
The lawsuits are believed to be the first major legal actions taken in the
wake of a growing California controversy about MTBE, which is methyl
tertiary butyl ether, an additive widely used by oil companies in
reformulated gasoline.
Joseph Gonzales of the law firm said the Glenville suit was filed on behalf
of about 80 plaintiffs who are residents of Glenville, a small town near
Bakersfield, north of Los Angeles.
Glenville residents used individual wells for their water supply, Gonzales
said, and many of the wells have been found to be contaminated by MTBE, with
levels ranging up to 293,000 parts per billion or higher.
The U.S. Environmental Protection Agency (EPA), studying the effects of
MTBE, has cautioned water agencies that MTBE levels should be no more than
20 to 40 parts per billion.
The wells in the Glenville area have been closed, bottled water is regularly
transported to the town, and local businesses including a restaurant have
shut their doors. "The town has effectively closed down," Gonzales said.
In the class action suit, Gonzales said, lawyers are seeking an injunction
to prohibit distribution of MTBE gasoline and also "disgorgement" of profits
by oil companies.
Gonzales said the class action case argues that oil companies had a "pre-
sale duty" to investigate MTBE and make certain the product was safe, and a
"post-sale duty" to clean up contamination.
Both cases were filed in Los Angeles County Superior Court.
Although questions have been raised across the U.S. about MTBE's health
effects over the past several years, California has become the primary
ground for MTBE controversy because of water contamination.
The City of Santa Monica closed off half its water supply when MTBE was
found to be contaminating wells, and numerous other contaminated sites have
been reported at locations throughout California.
The California legislature considered banning MTBE, but instead called on
Gov. Pete Wilson to order studies assessing the additive's health effects.
/CONTACT: Dean Reed of Fuels for the Future, 202-223-3532/
15:11 EDT
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