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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
WHY DID THE FEDS SHOVE MTBE DOWN OUR THROATS?
Stuart Lieberman, Esq.,

It is one thing to rush something along -- without giving it enough thought -- if no one is going to be harmed in case you are wrong. However, when making a mistake can create a disaster, you better be right. If you want a recent example of a thoughtless mistake, look no further than the federal government's insistence that MTBE (Methyl Tertiary-Butyl Ether) be added into gasoline sold in certain states. Why didn't the government investigate the possibility that this stuff would leak out of underground storage tanks, and threaten drinking water supplies throughout the United States BEFORE it forced this stuff on us?

Fortunately, steadfast verbal protests from citizen-groups that care about our health and welfare paid off. One of the most ardent protestors was a citizen's group called Oxybusters, started by New Jersey's Barry Grossman.

Oxybusters had two goals when it began in 1992: (1) removing MTBE from the nation's gasoline and (2) eliminating a federal requirement that gasoline contain a specified percentage of oxygen, referred to as "the oxygenate mandate." On July 26 of this year, the EPA finally acknowledged that groups such as Oxybusters have a valid point, and the EPA is now calling for a sharp cutback in MTBE use.

Said another way, it appears that the EPA is conceding that Oxybusters and other MTBE foes were right! Seldom do the feds make such admissions, even by implication.

Ironically, it was the EPA that ordered that MTBE be added to gasoline in the first place. The idea sounded great on paper. By adding MTBE, the mixed gasoline supposedly burned more efficiently, thereby reducing the amount of pollution generated during combustion. Sixteen States with dirtier air were required to sell gasoline mixed with MTBE.

But it didn't take long for reports to surface that the MTBE dream might not have been so dreamy after all. First was the dizziness factor. People started to complain that the mixture made them light headed, dizzy and even nauseous. Not everyone complained, and not everyone seemed to be bothered by the enhanced gasoline. But complaints started to come in.

Headaches proved not to be the biggest headache 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's 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.

When Oxybusters began its anti-MTBE crusade in 1992, it embarked upon an uphill battle. The federal government wanted MTBE in our gasoline, and mega-companies stood to make large profits as result of this order.

As anyone familiar with government knows, it can be very difficult to get the government to do anything. It must be ten times more difficult to stop the government once it starts a project, such as in this case the MTBE program.

Oxybusters is now found in several States including Pennsylvania, Maine, Connecticut, New Jersey, California and Texas. Each State organization operates independently, while sharing the common goal of educating the public and public officials on the hazards and risks associated with MTBE and the federal oxygenate mandate.

Oxybusters of Texas began in February 1994 when it was learned that Texas would start selling MTBE-containing gasoline in 1995. According to George Marshall, Director of Operations for Oxybusters Texas, "An Oxybusters volunteer is anyone who is suffering from symptoms or is concerned enough to want to help." Marshall told me that he feels "great relief" following the EPA's decision. Since 1992, Oxybusters has relentlessly written to the EPA, and others, seeking this very result.

While Oxybusters cannot assume full responsibility for the EPA's recent decision to curtail the use of MTBE as a gasoline additive, it unquestionably made a difference. It goes to show that one person, and one organization, can make a significant contribution for everyone's well being.

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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