Salem Revisited: Updating the MTBE Controversy

I am wronged. It is a shameful thing that you should mind these folks that are out of their wits.* *Statement of Martha Carrier (excerpt), hanged as a witch on 19 August, 1692 in Salem, Massachusetts. In all, 20 innocent persons were executed in 1692 as a result of the hysteria attending the Salem witch trials. After the executions, the court was prohibited from "reliance on spectral and intangible evidence". No prosecutions were successful thereafter. See generally, The Salem Witch Trials 1692: A Chronology of Events , at www.salemweb.com/memorial This article provides background information regarding the emerging controversies involving methyl tert -butyl ether (MTBE) and litigation involving leaking underground storage tanks (USTs) in general. It examines (1) the administrative, legislative and litigation history of MTBE in the context of the Clear Air Act and state environmental statues; (2) the importance of applicable RCRA (Resource Conservation and Recovery Act) deadlines regarding UST compliance in these cases; (3) the question of MTBE toxicity for personal injury claims; and (4) the scope of damages available in cases filed by plaintiffs who are not physically impacted by contamination. The authors conclude that the MTBE controversy does not appear to be a legitimate public health or environmental crisis, but rather is yet another speculative product of the American legal industry.