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In re Methyl Tertiary Butyl Ether Prods. Liab. Litig.

ELR Citation: 38 ELR 20180
Nos. No. 00-1898, (S.D.N.Y., 07/08/2008) motion to dismiss denied

A district court denied gasoline companies' motion to dismiss Puerto Rico's Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) claim against them for allegedly contaminating the commonwealth's surface waters and groundwater with methyl tertiary butyl ether (MTBE). The companies argued that MTBE released into the environment as a component of gasoline falls under CERCLA's petroleum exclusion. The CERCLA claim, however, pertains only to the release of MTBE, not to the release of gasoline containing MTBE. The commonwealth, however, must amend its complaint to identify the alleged MTBE releases on which its claim is based and the facilities where those releases occurred.

[Prior and related decisions in this litigation can be found at 32 ELR 20228, 37 ELR 20116, and 38 ELR 20147.]