On April 21, the Supreme Court declined to consider an appeal from Exxon Mobil Corp. of a federal appeals court’s $104.69 million award against the company for allegedly polluting New York City's groundwater with the gasoline additive methyl tertiary butyl ether (MTBE). InExxon Mobil Corp. v. City of New York, U.S., the high court let stand a landmark appellate ruling that held Exxon Mobil liable for the groundwater contamination, rejecting industry's arguments that EPA's clean fuel policies under the Clean Air Act (CAA) effectively mandated use of the additive. The decision upholds a July 2013 ruling against the company by the U.S. Court of Appeals for the Second Circuit, which ruled that the CAA does not preempt New York state tort law.
The Supreme Court issued no comment along with its denial of the case. Numerous similar types of cases are pending around the country over MTBE contamination of groundwater.