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Lawyers' Bad Gas.(ISSUES & INSIGHTS)(EDITORIALS)(Editorial)

Investor's Business Daily

| December 01, 2003 | COPYRIGHT 2003 Investor's Business Daily, Inc. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan.  All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)Copyright

Energy: The energy bill broke down in the Senate over a provision to guarantee the gas additive MTBE product liability protection. Blame the trial lawyers.

Not that we're in favor of the poorly drafted energy bill. It was full of subsidies, tax breaks, an ethanol mandate, yet didn't allow drilling in the Arctic National Wildlife Refuge.

However, that doesn't mean we can't take issue with the reason the legislation failed, especially when that reason is removal of one of the few good elements of the bill.

Trial lawyers didn't like a "safe harbor" provision that would have limited the liability of MTBE makers. MTBE makes gas burn more cleanly, but also contaminates drinking water.

The provision in question doesn't prevent lawsuits from being filed against the makers of the fuel additive, it merely stops lawsuits from including a product defect argument.

This is perfectly reasonable, as MTBE is not a defective product. It does what it was designed to do, that is, clean air.

How did MTBE get into groundwater in places like California's Lake Tahoe in the first place? Not through any fault of the product. It was put into leaky underground storage tanks.

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