Download Locations

• National Council for Science and the Environment
• Thurgood Marshall Law Library/University of Maryland School of Law

Summary

Methyl tertiary butyl ether (MTBE) is a fuel additive in wide use throughout the United States. Due to leakage from underground storage tanks and other sources of exposure, MTBE has been found in the drinking water supplies of several states. The current version of omnibus energy legislation, S. 2095, now before the Senate, as well as additional legislation such as S. 791, H.R. 3940, and H.R. 2253, provide for the eventual discontinuation of the additive but do not provide parties associated with MTBE with any special protections from liability. Other legislation, including the conference-reported version of the Energy Policy Act of 2003, H.R. 6, contains a safeharbor provision protecting any potential defendant, such as MTBE manufacturers and distributors, from products liability claims. Additionally, the provision includes language applying the safe-harbor retroactively, potentially barring several pending lawsuits. Liability related to MTBE contamination remains controversial and is likely to again become the subject of debate. Accordingly, this report analyzes the legal implications of the safe-harbor provision found in the most recent version of H.R. 6. This report will be updated as necessary.

Related Legislation:
• S.2095
• S.791
• H.R.3940
• H.R.2253
• H.R.6

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