To: Ga Bard who wrote (1505 ) 5/29/1998 3:39:00 PM From: Charlie Read Replies (5) | Respond to of 4142
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 *** end of story ***