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In re Methyl Tertiary Butyl Ether

ELR Citation: 44 ELR 20009
Nos. 1:00-1898, (S.D.N.Y., 12/30/2013) (Scheindlin, J.)

A district court dismissed as time-barred Puerto Rico's lawsuit against two gasoline suppliers for groundwater contamination. The commonwealth had sufficient knowledge of both the alleged injury and the identity of the alleged tortfeasors in 2007 when it filed its initial complaint against gasoline suppliers for supplying or trading in gasoline products containing methyl tertiary butyl ether. The commonwealth's claims are therefore barred by the one-year statute of limitations. And the court rejected Puerto Rico's arguments that its claims are exempt from the statute of limitations as a matter of law. Puerto Rico's law of prescription pertains to adverse possession cases. Sovereign immunity does not apply since Puerto Rico is not being sued, and the Puerto Rico Environmental Public Policy Act claims are also subject to the one-year limitations period.