Water District Fights Toss Of MTBE Groundwater Claims

Law360, New York (November 18, 2009, 5:54 PM EST) -- California's Orange County Water District has asked a federal judge to reconsider her ruling that put an end to 45 of 60 claims against several oil companies of contaminating groundwater with the gasoline additive methyl tertiary-butyl ether.

A discovery rule cited by Judge Shira A. Scheindlin, who said the claims were time-barred, should be preempted by a more generous rule in the Comprehensive Environmental Response, Compensation and Liability Act, according to the motion for partial reconsideration filed on Wednesday in the U.S. District Court for the...
To view the full article, register now.