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Expert Testimony

 

MTBE Usage in Gasolines: The EPA approved the use of up to 15% MTBE in the late 70s and it became a common octane trimming material in the mid-80s. With the advent of the oxygenated gasoline program, part of the Clean Air Act, its use became common in the early 90s.  While only slightly soluble in water, it impacts the taste and odor of water at extremely low levels, so even small spills of gasoline containing MTBE which made their way into drinking water became a serious concern.  Today, almost ten years after the use of MTBE was curtailed, there are many lawsuits being pursued against oil and associated companies.  To successfully prosecute or defend against such lawsuits it is imperative to understand the ways that MTBE gasoline was moved from refineries to service stations.  It’s also important to understand how the presence of other octane improvers in contaminated water samples can date the spill.

 

Fuel Distribution Systems, From Refineries to Service Stations: In cases where fuel is suspected of causing vehicle problems, it is often necessary to track the fuel back to a source refinery. That can be difficult in today’s distribution system where most fuels are produced to a common specification and comingled in pipelines. A thorough understanding of the distribution systems in the US can provide defenses against claims.

 

Fuel Quality Problems and Vehicle Fuel System Interactions: Mechanics are quick to blame “bad gas” for engine issues.  If one understands the workings of fuel system components as well as the types of fuel contamination that can occur, an opinion regarding the fuel’s liability can be obtained.
 

Fuel Regulations, Historical and Current: A knowledge of historical fuel regulations can provide identification of time frames in which a fuel release night have occurred. Fuels specifications and formulations, historical and current: Samples of fuel from spill sites are often decades old. By analyzing the fuel and comparing the types of materials present, it is often possible to define a date range for when the spill occurred. That, in turn, may implicate historical owners of properties rather than the current ones.