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

ELR Citation: 38 ELR 20198
Nos. No. 1:00-1898, (S.D.N.Y., 07/16/2008)

A district court denied motions to dismiss a landowner's tort and state-law claims against the owner of a gasoline station for damages stemming from methyl tertiary butyl ether (MTBE) contamination of its drinking water wells. The owner has suffered a cognizable injury. A reasonable jury could find that property with drinking wells that have been contaminated with MTBE is worth less than property with drinking wells with no contamination. Moreover, the injury is directly traceable to the gas stations since the stations stored gasoline containing MTBE in their undergound storage tanks.

[Prior and related decisions in this litigation can be found at 32 ELR 20228, 37 ELR 20116, and 38 ELR 20147 and 20180.]