Areas of Practice

MTBE Litigation

MTBE is a gasoline additive that pumped oxygen into gasoline and helped keep the air clean. Though used since the 1970s, MTBE came into wide usage after Congress amended the Clean Air Act in 1990 to require oxygenated gas in many states and large cities. Most companies chose MTBE (over corn-based ethanol) to comply with this mandate. The issue is whether nor not MTBE is an incredibly invasive and potent pollutant.

According to some estimates, MTBE contamination exists in water supplies used by at least 15 million people in 15,000 U.S. communities, schools and businesses. A nationwide study by the U.S. Geological Survey has found MTBE in 86 percent of wells tested in industrial areas, 31 percent in commercial areas and 23 percent in residential areas. The cost of cleanup and containment is estimated at $29 billion.

Smith Abbot attorneys have successfully guided clients through the difficult legal issues surrounding MTBE. From Insurance Coverage litigation, to the coordination of the Multi-District Litigation panel, the firm is able to aggressively handle and manage such matters.