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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
MTBE - Why Are We Still Adding It To Gasoline?
Stuart Lieberman, Esq.,

I can't understand why we are still using MTBE in thiscountry. This is the gasoline additive that came about following government orders that gasoline be made to burn more efficiently. Whether it accomplishes that is in doubt - but no one seems to question the fact that MTBE has caused us some real headaches.

Not long after MTBE was introduced into our gasoline supply, people started to complain that the mixture made them light headed, dizzy and even nauseous. Not every one complained, and not every one seemed to be bothered by the enhanced gasoline. But complaints started to come in.

Headaches proved not to be the biggest pain associated with MTBE. The biggest headache started when MTBE began contaminating the nation's drinking water supply. Many scientists believe that MTBE can, at certain levels, make people become ill if it is consumed.

Groundwater contamination occurred after the underground storage tanks storing the reformulated gasoline started leaking. Tank leaks permitted the MTBE to enter the groundwater. Public water supply companies, as well as many individuals, often rely on underground aquifers as a source of drinking water.

Now some states are eliminating MTBE from the gasoline. Others have been talking about doing so for years. But with all the talk, there has not been enough action.

Many California communities have had their drinking water supplies contaminated by MTBE. MTBE travels ahead of other pollutants and lawsuits filed all over this country allege that the oil companies knew that MTBE would cause drinking water problems. Cases have proceeded under product liability theories. One California case has already resulted in favor of the government against the oil companies.

A Long Island community recently filed a massive law suit against oil companies for fouling their drinking water supply with MTBE. Similar cases have also been filed in New Jerse.

Some communities with homes that rely on well water have been hard hit. Often when MTBE wipes out one well, it affects much of a community. People become ill and the value of theirhomes becomes diminished. These people are entitled to clean water supplies and monetary damages, including the expense of medical monitoring.

So the question remains - why are we still using MTBE? Why not simply place other poisons into our drinking water. It makes no sense at all, especially in light of the great costs associated with cleaning up the water after it becomes contaminated. Not to mention the costs of litigation that often follow.

Simply stated, they need to stop using this MTBE. It is a suspected carcinogen, people become ill when they are exposed to it, and it fouls up our already limited drinking water supplies. The proof is in, and lawmakers have to take a stand.

It is time to stop using MTBE, forever.

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The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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