N.H. Sues 22 Major Oil Companies (over MTBE)

[RamboLiberal]

http://www.cbsnews.com/stories/2003/10/06/national/main576741.shtml

The state sued 22 major oil companies Monday because of the gasoline additive MTBE, which has been found to pollute water, Gov. Craig Benson said.

The lawsuit claims that the oil companies have added increasing amounts of the additive to gasoline, even though they knew years ago it would contaminate water supplies.

“New Hampshire's groundwater and surface waters are under attack,” Attorney General Peter Heed said at a news conference with Benson.

New Hampshire is the first state to sue gasoline companies over MTBE, Benson said, although municipal utilities have sued.

I heard rumors the Repugs have slipped in to the energy bill a provision that would disallow lawsuits over MTBE. Anyone know anything about this?

[arcane1]

1. didn't California have an issue with this once?

And per NAFTA rules, they were NOT allowed to demand MTBE-free gasonline? Something about a Canadian company suing the state for unfair trade practices, something like that?

:shrug:


Good luck NH!!

[RamboLiberal]

3. Yes I believe it was reported by Bill Moyers

CA was sued by a Canadian company via NAFTA agreement over wanting to remove MTBE.

"fresh pleading" by Vancouver-based Methanex Corp. provides new evidence for a North American Free Trade Agreement arbitration panel to consider its $970 million expropriation claim against the state of California's planned ban of gasoline additive MTBE, Chris Dugan, a lawyer representing the company, said Nov. 7.

The additional information, filed in response to the NAFTA panel's Aug. 7, 2002, ruling provides substantial, detailed proof that the state government's action was intended to harm foreign methanol producers, Dugan, a partner with Washington, D.C. law firm Jones, Day, Peavis & Pogue told BNA. "What we tried to show is that California was trying to favor the U.S. ethanol industry in order to create a California ethanol industry, and knew that its actions would harm methanol producers," he said.

The additional information presented in Methanex's new submission meets the tribunal's requirements for evidence to support the company's allegations that California Gov. Gray Davis put the MTBE (methyl tertiary butyl ether) ban in place because of political pressure from major ethanol manufacturer Archer Daniels Midland Co., a source close to the case told BNA Nov. 7. "We believe that there is evidence in there of political interference," the source said.

The latest statement of claim, filed late Nov. 5 to meet the arbitration panel's deadline for Methanex's submission of additional evidence, stresses that the claim for compensation under NAFTA Chapter 11 is a straightforward dispute over economic protectionism and not an attempt to expand international guarantees in a way that would threaten the ability of nations or states to enforce valid and nondiscriminatory environmental laws.

"An extensive body of both municipal and international case law demonstrates that the

http://www.geocities.com/ericsquire/articles/ftaa/bna021110.htm

[henslee]

18. California still has an issue with this.....

MTBE's were supposed to be banned in CA but Davis, to the chagrin of many, rolled back the date by which gas station operators had to comply. Union76 is the only operator to see the writing on the wall -- they have switched to an alternative additive... (check out the NO MTBE decals next time you fill up at 76), That is why their gas is always a little more$$$.

Some are pissed at Davis for extending this compliance date but not the BIG players in the bottled water biz like Coke and Pepsi. (One of them owns DASANI brand water.) Bottlled water companies are big Davis contributors. If they had their way... it'd be like Mexico here, where everyone only drinks bottled water... Actually, its already almost like that here.

Next chapter... Rocket fuel in lettuce!

[Karenina]

2. Nochmal...

A blast from the past.

http://www.pei.org/FRD/60_Minutes_Transcript.htm

Date January 16, 2000 ~ Time 07:00 PM - 08:00 PM
Station CBS-TV
Program 60 Minutes

President George Bush: (Clip from file video) Every city in America should have clean air. And with this legislation I firmly believe we will.

(Visual of countryside; smog; gasoline pumps with close-up of labels: Contains MTBE; gas station; gas pump; person replacing cap on fuel tank with close-up of gas spill on ground)

Steve Kroft, co-host:

The only trouble with that legislation is that what it required us to do to clean up our air is now polluting our water. And the culprit is something called MTBE, a chemical that the oil companies say they have no choice but to add to their gasoline. Even the government now says that we're facing a national crisis if something isn't done to stop MTBE from leaking into our drinking water.

Have there been studies done on the health effects of MTBE in the drinking water?

Bob Perciasepe (Assistant Administrator, Environmental Protection Agency): Not enough. Not enough. But...

Kroft: But any? I mean, have any been done?

Perciasepe: I'm not aware of any specific studies.

Dr. Bernard Goldstein (Environmental & Occupational Health Sciences Institute): The problem is, how do you expose one hundred million people to a chemical which you have not adequately tested for its toxicity?

Kroft: And that's what's happened?

Goldstein: That's what's happened.

Kroft: MTBE is shorthand for a chemical called methyl tertiary butyl ether. If you don't know about it yet, you will. It's a gasoline additive that is contaminating drinking water from Maine to California and has been called the biggest environmental crisis of the next decade. How did MTBE end up in gasoline? Well, ten years ago, Congress told the oil companies to put it there, either MTBE or some other oxygenate that would make gasoline burn cleaner. It was supposed to clean up the air. But now MTBE is turning up in lakes and underground aquifers, and in twenty percent of the nation's urban wells, forcing some cities to shut down local water supplies. It seems to be turning up wherever people look for it. And no one was even looking for it until it turned up in Santa Monica, California, a few years ago.

[peterh]

4. It’s not in the bill yet…

But it is being lobbied vigorously to be inserted. The language isn’t specifically aimed at MTBE, but for any type of Oxygenate additive where mandated by the Feds.

I have to say, I agree with this. If the Feds are going to mandate something, then I feel there should be some sort of liability wavier that comes with it. The EPA had the same data on MTBE as the oil industry on this item when it was first mandated and I think the jury is still out on whether MTBE is really a carcinogen. But, like Calif., all other states have banned or will ban by the end of `03, this oxygenate.

Ethanol will now become the oxygenate of choice and like MTBE, may have some currently unknown, undesirable side effects. One known undesirable effect is that it burns dirty….which is the complete opposite of what an oxygenate is designed to achieve, i.e., burn clean. This is a good example of the influence of the Ethanol/Farm lobby, not to mention….Archer-Daniels-Midland.

[goforit]

5. Way to go New Hampshire!!!!

Knock those puppies down to their knees!!!

[bpilgrim]

6. and we are as conservative as it gets...

especially about NATURE :bounce: since it is our 'bread N butter' ;->

peace

[ConcernedCanuk]

7. I'm curious and confused

I'm not questioning the good/bad effects of MTBE

- BUT

- how the heck is this stuff geting into the water ??

- Up here in Canukville most of our gas stations are self-serve

- and even with that - I see very few spills.

I mean - it would take ALOT of spilling to pollute the water no ?

maybe the gas is not the culprit ?

Could it be that the MANUFACTURER of the MTBE has a leakage/spillage/waste problem ?

Just befuddled a wee bit here -

[peterh]

8. No matter what side of the fence you’re on

when a politician smells money, he’s going to go for it. That being said….

I can’t speak for Canada and I can’t say for certainty it’s even being used up there, but where it was required, it was used both as an oxygenate and an octane enhancer. Where it wasn’t required as an oxygenate, it still might have been used as an octane enhancer. When I say octane enhancer, it means bringing a sub-octane gasoline out of the refinery up to an 87 octane or more likely, upgrading to a premium grade of 91 or 92 octane.

Most leaks that did occur, occurred before the `98 law for doubled walled underground storage, since then, you’d be hard pressed to find any outright leakage. Most leakage now, though you won’t find it in publication, is from auto accidents and tail pipe emissions that come back in the form of acid rain. Tail pipe emissions, at least here in Calif., with respect to MTBE, is hardly worth mentioning.

Gasoline is still the culprit, but not in the manner that you’re being lead to believe. MTBE has a very quick “plume”, i.e., it disperses in water at a very alarming rate. Benzene was banned from gasoline, not only because it was deemed a carcinogen, but that it also had a quick plume. MTBE’s plume is at least twice that of Benzene.

[ConcernedCanuk]

9. Hmmm - thank you for the response - you got me thinking

I live in Northern Ontario, Canada

- and I have seen many "pretty" colors in the water behind motorboats

- they "exaust" directly into the water

- so I think that IF MTBE is getting into the water from gasoline

- Motorboats are more likely the culprit than cars

- Of coarse then there's that acid rain thing - sheet -

sumthing to think about

(sigh)

[RamboLiberal]

10. According to EPA here's how

There are opportunities for MTBE to leak into the environment (and potentially get in drinking water sources) wherever gasoline is stored, and there are opportunities for it to be spilled whenever fuel is transported or transferred. While federal and state programs minimize the potential for leaks and spills, no system is foolproof.

Contamination of drinking water sources can occur from leaking underground and above ground fuel storage tanks, pipelinees, refueling spills, automobile accidents damaging the fuel tank, consumer disposal of "old" gasoline", emissions from older marine engines, and to a lesser degree, storm water runoff, and precipitation mixed with MTBE in the air (EPA's Office of Ground Water and Drinking Water) or (USGS report).

http://www.epa.gov/mtbe/water.htm

[NewYorkerfromMass]

17. Additional sources of spillage

"In addition to USTs (Underground Storage Tanks) , there are many other potential sources of MTBE contamination, such as discharge of unburned fuel from water craft (especially 2-stroke engines); gasoline spills from automobile and tanker truck accidents; gasoline spills and drips when refueling automobiles, lawnmowers, tractors and other machines; plus leaks from pipelines and aboveground storage tanks."

http://www.epa.gov/swerust1/mtbe/index.htm

My question is: what are the health effects? And they don't know other than that it is probably a carcinogen.

[bpilgrim]

16. RAIN

would be another way...

peace

[proud patriot]

11. Chapter 7 of NAFTA

I wish N.H. the best ...get that stuff out of your gas ..
learn from California ...

[jus_the_facts]

12. right after that aired on 60M it was reported on the Dan Rather Show too..

...I WENT BALISTIC OVER IT..because not long after hearing this story...the Exxon station around the corner from my apartment had been leaking gas for over a week....we could smell the fumes but it took them WELL OVER a WEEK to even realize it had been leaking....they shut the station down for a couple days and replaced the tanks...but A LOT OF GASOLINE HAD ALREADY RUN OFF INTO THE GROUND...not a month later the US Postal Service bought the piece of land directily BEHIND this gas station and built a new post office on it....made me wonder and it STILL DOES as our water sure does make my eyes BURN every time I take a shower....a SHELL station across the street from this same EXXON station had to close down completely and nothing else has ever been built on the piece of property...a little consulting corrigated building still sits there to this day that belongs to an enviornmental consulting firm....same one who redid the tanks at the EXXON station....

..........really can't believe this issue has been swept under the rug for so long.....glad it's resurfaced but IT MAKES ME FURIOUS THAT NOTHING IS/HAS BEEN DONE TO STOP IT....we're DOOMED as the destruction of the enviornment is getting worse everyday and NOTHING AT ALL IS BEING DONE ABOUT IT...nothing else matters much at all...once the enviornment goes...SO DO WE.....:evilfrown:

[jus_the_facts]

13. kick for the MAJOR importance of this article *sigh*....

:kick: :kick: :kick: :kick: :kick: :kick:

[jus_the_facts]

14. another kick.....for THIS CONCERNS US ALL..not just N.H. and Cali....

....it's only in all our water now....this shit goes STRAIGHT through water storage tanks...water lines...etc....but don't pay any attention to it by all means....if we just ignore it it'll go away :eyes:

[jus_the_facts]

15. ANOTHER KICK........the indifference about this sickens me...

:puke:

[henslee]

19. Contaminated H20 means we become beholden to bottled water companies.

Water becomes the new oil for cear of contamination. We are becoming a fear driven nation. This sucks.

[jus_the_facts]

20. too bad ALL OTHER LIFE that depends on water will DIE.........for....

......they can't go BUY bottled water....once this catastrophy becomes common knowledge it'll be too late....for that matter it already is :evilfrown:

[maxanne]

21. NH loves it's vehicles

cars, trucks (the bigger the better) - heck the governor drives a humvee.

We also love snow machines, boats, and jetskis - jetskis are significant leakers and polluters.

We may love nature, here in NH - but far too often, we are willing to sacrifice it, for the almightly dollar. A group of rich folks are planning to build a private racetrack in Tamworth, NH - where they'll be paving 50 acres over a large fresh water acquifer. No matter how much education people got about natural resources in the area, all they can see is dollar signs - their property taxes going down. A little.

[henslee]

22. It is time to rethink what kind of world do we want to leave our children

Ironically, recreational boaters/jetskiers are the ones who deliver gobs of MTBE's in the water.

I say its time to slap fat, fat surtaxes on SUV's, ATR's, jetski's, etc.
Time to make recycling THE LAW -- not an optional thing.
Time to totally tighten up on pollution credits.