Water District Fights Toss Of MTBE Groundwater Claims

By Hilary Russ

Law360, New York (November 18, 2009, 5:54 PM ET) -- 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...
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