BP, Shell Fend Off Trial in MTBE Gas Additive Case

BP and Shell won’t be included in a trial over allegations that the gasoline additive methyl tertiary butyl ether tainted the groundwater of Orange County, Calif., the Southern District of New York ruled Aug. 26 (In re Methyl Tertiary Butyl Ether (“MTBE”) Prods. Liab. Litig., 2015 BL 275757, S.D.N.Y., 04-cv-04968, 8/26/15).

Settlements between the companies and the Orange County District Attorney in 1999 are binding on the Orange County Water District (OCWD) in its subsequent lawsuit, defeating its legal theory that continuing migrations of contamination at 31 sites created “new” claims not covered by the settlements, the ...