In Re: Methyl Tertiary Butyl Ether ("MTBE") Products Liability Litigation, No. 1:2000cv01898 - Document 1816 (S.D.N.Y. 2008)

Court Description: OPINION AND ORDER: For the reasons discussed herein, defendants' motion for summary judgment on Plaintiffs TSCA claim is denied to the extent that the claim is based on (1) notice about releases of gasoline with MTBE into the environment, (2) information generated once the gasoline release has been discovered and (3) studies about MTBE's effect on the taste and odor of water. However, summary judgment is granted with respect to any information that plaintiffs believe a reasonable manufacturer would have generated to determine the potential liability for MTBE's contamination of groundwater. The Clerk is directed to close this motion (docket #1660). (Signed by Judge Shira A. Scheindlin on 5/7/2008) Filed In Associated Cases: 1:00-cv-01898-SAS-DCF, 1:04-cv-05424-SAS(jpo)