SupCo upholds N.H.'s $236M MTBE judgment vs. Exxon/Mobil

CONCORD, N.H. - Attorney General Joseph A. Foster announced on Monday that the Supreme Court of the United States upheld the State's $236 million MTBE verdict by denying ExxonMobil's request for further review. The case involved widespread contamination by ExxonMobil (then Exxon) of the State's groundwater by the gasoline additive MTBE.

The verdict came after a decade of litigation. At trial, the State showed that ExxonMobil had failed to warn about the dangers of MTBE, that the product was unreasonably dangerous, and that ExxonMobil was negligent with respect to manufacturing and supplying MTBE. This litigation spanned five attorneys general

and four governors, included over nine million pages of discovery, and culminated in a three month trial.

Recently, the legislature passed, and the Governor signed into law, SB 380 which provides that the money from the verdict will be used to fund projects related to cleaning up and protecting drinking water.

ExxonMobil asked the U.S. Supreme Court to find that it had been treated unfairly in New Hampshire's State courts. In its response, the State focused on ExxonMobil's wrongful conduct, the lengthy process it was provided, and the inevitable fact that only ExxonMobil knew of the harmful impacts of MTBE and could have taken steps to prevent them.

Attorney General Joseph Foster stated: "This decision upholds what we previously described as the most significant environmental victory in the history of the State. The Department of Justice appreciates the legislatures' and Governors' support over the many years it took to bring the case to this successful resolution. The funds recovered will help ensure access to safe and dependable drinking water to thousands of New Hampshire residents."