MTBE Defective Design Allegations Tossed; Oil Companies Must Defend Warning Claims

June 19, 2015, 4:00 AM UTC

The gasoline additive methyl tertiary butyl ether wasn’t defectively or negligently designed, but a jury must decide whether local station operators in Puerto Rico were inadequately warned about its dangers, a federal district court ruled June 16 (In re Methyl Tertiary Butyl Ether (MTBE) Prods. Liab. Litig., 2015 BL 190839, S.D.N.Y., 07-cv-10470, 6/16/15).

The ruling came in multidistrict litigation against oil companies alleging their use and handling of MTBE contaminated or threatened to contaminate groundwater, including that of Puerto Rico.

The utility of MTBE gasoline outweighed its risks because other additives weren’t available in Puerto Rico, the ...

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