Reunion in Salem: Updating the MTBE Controversy

Richard O. Faulk, Gardere Wynne Sewell LLP

Abstract

Concerned about groundwater contamination and the potential health effects of methyl tertiary butyl ether (MTBE), a gasoline additive used to curtail air pollution, several states have banned its use. Similarly, MTBE hus been the subject ofa great deal of litigation. And while the Energy Policy Act of 2005 did not ban MTBE outright, it eliminated the federal oxygenate requirement for gasoline, thereby making the additive unnecessary. But according to RichardFaulk and./ohrr Gray, the controversy surrounding MTBE is greatly exaggerated. Moreover, MTBE represents only about 11% of the dangerous chemicals in gasoline that leak from USE into groundwater. Banning MTBE and rushirzg to the courts does nothing to address the remaining 89% of the chemicals contained in gasoline that are released from USTs when there is a leak. Faulk and Gray argue that instead of subjecting MTBE to a witch hunt, more energy should be spent enforcing the USTprogram so that past leaks are cleaned up and fiture ones do not occur.