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Edited on Tue May-11-10 11:11 AM by robdogbucky
MTBE was added to gasoline (I think nationally) in the mistaken belief that it would help limit air pollution. Unfortunately, none of those geniuses at the oil companies thought about its interaction with water. A frequent course of events that triggered this discovery were the claims of contaminated soil in locations were old gas stations had been. The constituent parts of non-MTBE enhanced gasoline were not water soluble. MTBE is water soluble. Hence, unlike the normal constituent parts of gasoline without the MTBE, which could be broken down in the soil if contaminated by said gasoline over a period of time,this created an obvious problem. The gas with MTBE added to it however, was able to travel with the water during rains or other deposits of water, and move that MTBE throughout the soil, migrating to wherever that groundwater traveled, into wells like it did in a community in So. Cal. (Avila Beach?), where the water supply was immediately contaminated with MTBE.
MTBE turned out to be a boondoggle by the oil companies for this lack of testing MTBE's possible effects on other areas of our environment and subsequent contamination of ground water until they stopped adding it. They didn't do that until some lawsuits were filed, trials held, and judgments rendered. This was a good and a bad thing. Unfortunately here in California, the road to hell, etc.
Subsequent to one plaintiffs' group achieving a large judgment in an MTBE trial (that's a good thing in principle) lawsuits were filed in other Cal communities for other reasons contaminating the groundwater. That award money from the oil companies as compensation for contaminating water with MTBE up in Reno or somewhere, was used as a war chest to finance litigation brought against an array of polluters, some validly claimed, some just on a gold-digging quest. This was in the mid to late 1990s.
One of these subsequent efforts was a con on California community, Lodi, I believe, that was approached by a law firm with questionable ethics to say the least. Apparently funded and emboldened by the success of the lawsuits against the oil companies, one law firm sought to sue all the chemical companies that had contaminated the Lodi groundwater through industrial processes, like dry cleaning establishments and construction sites, and manufacturing processes that discarded dangerous by products into local drains, sewers, catch basins, etc. They convinced that city council to take out a loan funded by Lehman Bros. to finance these promised lawsuits. They promised that the money obtained in judgments against the corporate polluters would easily refund the loan money plus much more. This was, to say the least, an unorthodox way for a law firm to pursue litigation. They usually don't aggressively market such things, it is usually an aggrieved party that comes to them with damages seeking compensation.
Lodi was suckered into taking this many millions to finance litigation, promised by this law firm to clean up the city's water and to punish those evil companies that were polluting their water supply. After about 4 years, some on the city council were getting restless about any progress on the promised lawsuits. They called the law firm to account, a federal judge in Sacramento got involved, reviewed the events and demanded that the law firm cease their efforts and called for Lehman Bros. to be held to accounts, etc. He thought it highly unethical for a law firm to convince a city to finance a fishing expedition mainly on the promise of a windfall in judgment money. A con. By the time this federal judge got involved, the law firm had done almost nothing to investigate any possible claims to be brought, they had largely squandered the Lehman Bros. money (the managing partner of this law firm was a con man through and through and really did squander the money) and urged the city of Lodi to rescind the contract with Lehman, to immediately fire that law firm and to start an investigation into that attorney and his firm.
I interviewed with that firm just before this story all broke, and that is how this situation first came onto my radar. I had worked on some grounwater contamination cases in other California cities and a headhunter I was working with thought I would be a good fit for the job at this plaintiffs' firm on this particular case. I knew something was not right at this place compared to all the other firms I had worked at. They had a bare bones staff and they were allegedly conducting this massive multi-million dollar litigation, funded by Lehman Bros. loan to Lodi. Also, no one could answer some direct, rifle-shot questions I had about the technical apects of this specific litigation, having worked on such cases before and I had some insider knowledge of the process. These people could not answer my questions, and although they were very eager to hire me after learning how much I knew about this specific issue they almost fell over themselves making promises to get me to come on board. I backed out of there as quickly and inconspicuously as possible and immediately called the headhunter that sent me there. I informed him that I thought they were up to no good, that I was not interested in the position. Luckily, I was working at the time and was not dependent on this interview or this headhunter for anything but a look at a new possible position. I found out that the dot com bust had caused folks that could not tell a fly by night law firm from the real deal to become headhunters in a field they knew nothing about. He had told me this was an interview at an "Environmental law firm," which should have alerted me but didn't. Law firms don't usually describe themselves in such vague terms, they usuall say plaintiff or defendant work, but not something so neutral that could mean anything. The term "Environmental," is used and abused. This all happened in about 2003.
The law firm was soon thereafter disbanded, the city called a halt to their activities and immediately began the process to rescind the contract, etc. Unfortunately, the money had almost all been spent, no lawsuits were ever filed against any of the corporate polluters in Lodi, and I believe that city was left holding the bag.
I followed the story for a while in the Sacramento Bee, but I haven't looked it up in a while to see what ultimately happened to all these players. It was a part of history to think that Lehman Bros. would lead the parade some years later in being exposed for all the bad paper they had been involved with.
Things are sometimes not what they seem.
Just my dos centavos
robdogbucky
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