U.S. Court of Appeals for the Second Circuit

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Case Updates

Second Circuit holds Clean Air Act does not preempt state claims

August 07, 2013

The Second Circuit upheld the district court's jury verdict against the defendant company.

U.S. Chamber files amicus brief

April 28, 2011

The U.S. Chamber joined a large coalition of trade associations to urge the Second Circuit to hold that Exxon is not liable for allegedly contaminating unused New York City water wells with the gasoline additive methyl tertiary butyl ether (MTBE). Exxon is challenging a $100 million jury verdict in favor of New York City, which sued the company for alleged damage to groundwater that is not currently being used, might be used only as a backup water supply in the next 25 years, and, if used, would provide drinking water at or below the maximum containment level for MTBE without any treatment. In the coalition brief, the Chamber and others argued that the City of New York failed to establish any injury to the drinking water supply. The coalition brief warned that the lower rulings open the floodgates to similar litigation alleging damage to drinking water supplies around the country.

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