groundwater pollution

From the AP:

Jurors in the longest state trial in New Hampshire’s history will return to the courtroom this week after a nearly two-week hiatus to hear closing arguments in the state’s groundwater contamination case against Exxon Mobil Corp.

Lawyers for the state want jurors to hold Exxon Mobil liable to the tune of $240 million to monitor and clean up wells and public water systems contaminated by the gasoline additive MTBE, or methyl tertiary butyl ether.

Lawyers for Exxon Mobil counter that MTBE was used to comply with federal Clean Air Act requirements to reduce smog. They also blame any lingering contamination on third parties not named in the state’s decade-old lawsuit.

* * *

The jury will be asked to determine whether MTBE is a defective product and whether Exxon Mobil failed to warn its distributors and vendors about the characteristics and care needed in handling gasoline containing it.

MTBE, experts on both sides agreed, travels farther and faster in groundwater and contaminates larger volumes of water than gasoline without the additive.

If jurors find Exxon Mobil is liable for damages, they must then determine what was the oil giant’s market share of all gasoline sold in New Hampshire between 1988 and 2005. The state contends it was 30 percent; Exxon Mobil says it’s closer to 6 percent.

The state banned MTBE in 2007.

Lawyers for Irving, Texas-based Exxon Mobil claim state environmental officials knew or should have known about the contaminating qualities of MTBE. * * *

Exxon Mobil is the sole remaining defendant of the 26 the state sued in 2003. Citgo was a co-defendant when the trial began, but it began settlement negotiations with the state on day two and withdrew from the trial. Citgo ultimately settled for $16 million – bringing the total the state has collected in MTBE settlement money to $136 million.

Read the entire article here.  Image from here.

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