Energy Bill Could Upend Suits Filed Over a Gas Additive

[dusty64]

By CARL HULSE

Published: November 16, 2003


ASHINGTON, Nov. 15 — The Authors of sweeping energy legislation made public on Saturday said they believed they had assembled a balanced measure that would win Congressional approval, even as the proposal faced new criticism over its benefits to oil companies.

In a decision that surprised advocacy groups following the measure, a provision protecting producers of a gasoline additive blamed for groundwater contamination was made retroactive to Sept. 5, potentially disrupting a number of actions to recoup cleanup costs that have been filed since then in New York, California, New Hampshire and elsewhere.

Robert Gordon, a Manhattan lawyer who has filed some of the cases involving the additive, MTBE, said the bill neutralized the kind of product-defect claim that has been the most successful argument used against the producers. He said he and others were stunned by the Sept. 5 date, saying it would throw into question lawsuits he has filed since then on behalf of 100 local governments and water companies seeking cleanup money.

"It hurts us tremendously and really threatens the ability of any town and village to clean up the mess," Mr. Gordon said.

The provisions for MTBE, or methyl tertiary butyl ether, were promoted by Representative Tom DeLay of Texas, the House majority leader, and Republican Representatives Billy Tauzin of Louisiana and Joe L. Barton ofTexas. Both states are home to MTBE producers. The MTBE deal was tied to a plan to replace that substance as an additive to make cleaner burning gasoline with corn-based ethanol, which would see its use rise to 5 billion gallons annually by 2012. That ethanol initiative was a top priority of Tom Daschle of South Dakota, the Senate Democratic leader, and Midwestern lawmakers of each party.

http://www.nytimes.com/2003/11/16/politics/16ENER.html?th

[GreenGreenLimaBean]

1. Polluters exemption Bill

You gotta luv this. Pollute public waters, don't worry here's a get
out of jail free card from Tom Delay.