Mayors Conferc MTBE liabilityTHE UNITED STATES CONFERENCE OF MAYORS
1620 EYE ~
WA$~ING"I'ON. D_C. 20006
TEl .EPHOlq'~, (202}
FAX (202) 29~-2~52
MEMO
TO:
FROM:
The MaY°~_ ~or
Tom Cochran, Ex '
DATE: September 5, 2003
RE: MTBE Liability Issue- Action is Needed
As Congress returns ~rom Auto, st recess, thc House-Senate conference committee is
expected to reconcile comprehensive energy bills- FI.K. 6 and S- 517_ The Mouse
bill contains a provision in which "safe harbor" will be granted to manufactuzers ct-
methyl tertiary butyl ether (IvlTB]~)- The Sena~ bill does not provide this type of
liability protection.
In the House bill, "safe harbor" provides roa~ufacture~s of MTBE immunity from
claims that the fuel additive is "defective in design or manufacture." Many states
have already banned the nsc of MTBE as a fuel additive due to its toxicity and
harmful affects on groundwater and surface water. Were Congress to enact
legislation exempting MTBE from product liablllty claims, comparfies would avoid
responsibility for manufacitcdag this defec'dve product, thus shifting the cost of
clean-up and decontamination to local and state taxpayers.
Al the Conference of Mayors Annual Meeting in Denver, Colorado, we passed a
resolution supporting the prohibition of liability protection for MTBE manufactttrers-
I have attached a copy of that resolution for your information. Also attached is a
letter that we sent to the Hill expressing our concern regarding t_his issue and to
demonstrate America's mayors united efforts to minimize threats to public health,
-damage to our local environmentS, and un.tgJr expenses for local taxpayers across the
cotmtry_
The health of ottr cities and our citizens would be greatly jeopardized ii' a i3nal
Energy Bill were to contain any legislation granting liability protection to
manufacturers of MTBE- Please call your Representative and your Senators and urge
them to contact the conferees to the Energy Bill to not include any provision or adopt
any amendment providing s~ch "safe harbor" for MTBE.
Lf you have any questious, please contact Judy She. ahan (202-861-6775) or Debra
Detlancy-[-Ioward (202-861-6702) of my stuff. Thank you for your assistance.
THE UNITED 'STATES CONFERENCE OF MAYORS
1620 EY£ STI~EI[.T. NO
xX/ASHIlqGTON, D.C, 20006
TELEPHONE (202) 2~:3-7~30
FAX (202) 2~3-Z352
July I0:2003
The Honorable Pete V, Domenicl
Chairwan
Energy & Natural Resources
364 Dir~en Senate Office Building
Washington= DC 20510
Dem. r Chairman DomenicO:
urge you to oppose
On behalf of The United States Conference of Mayors, ! am wfitmg'~o
any amendment that may be off, red to the comprehensive energy bill (S.14) limiting liability
for manufacturers of methyl tertiary butyl ether (MTBE). On April 11, the Mouse of
P, epresenmfives passed H.R. 6, a comprehensive energY bill in which "safe harbor" was
granted to manufacturers of MTBE.
In the 1louse bilL. "safe harbor" provides manufacturers of MTBE immuui~ from claims that
· . - = ....."Many states have already banned
the 5uel additive is "defective m dasTgn or manumc ......
'd~e use oflWfBE as a fuel additive due to it~ toxicity and harmful affects on groundwater
and ~urface water. Were Congress to enact legislation exempting MTBE from product
li'~biliX'y clams, companies would avoid responsibility for manufacturing defective products,
thus shiCdng th'e ce~ of clean-up and deceatamlnation to local and state taxpayers.
On June 9m at the Conference of MayorS Aonual Meeting in DenveL Colorado, the
organi~mtions membership passed a resolution supporting ~e prohibition of liability
protection for MTBE manufacturers- I have enclosed a copy of that resolution for your
· ' ~n their efforts to minimize threaXs to public
information- Amemea's mayors are umted
health, damage to our local environmentS, and unfair e~penses for local taxpayers across the
eounlxy.
The healtix of our cities and our citizens mould be greatly jeopardized if the SenSe Energy
· . ation araating liability pro~ection to manufacturers °f MTBE'
Bill wer_e to eon~m amy legi_sl~,~ ~roteeting public health~, public safety, and the
ThelqatTon'~ mayoI5 are comma,t~,, ~-- e-
environment We uzge the Senate not to include any provision or adopt may amendraent
providing such "safe harbor-"
l look forward to mee'dng you the next time 1 am in Washington D.C-, ~o discuss this issues
and any o~&er issues related to energy policy.
Sincerely,
James A. Garner
Mayor of Flempstead
?resldenl
Gus Morrison
Mayor of Fremont
Chair, Energy Standing Committee
Z~£Z£6ZZOZ
Office o~' the Mayor
and City CounciI
City Ha~
50 West 13th Street
Dubuque, Iowa 52001~864
OctOber 2, 2003
Congressman Jim Nussle
303 Cannon House Office Bldg.
Washington, DC 20515
Dear Congressman Nussle,
On behalf of City of Dubuque, I am writing to urge you to oppose any amendment
that may be offered to the comprehensive energy bill (S.14) limiting liability for
manufactures of methyl tertiary butyl ether (MTBE). On April 11, the House of
Representatives passed H.R. 6, a comprehensive energy bill in which "safe
harbor" was granted to manufacturers of MTBE.
In the House bill, "safe harbor" provides manufacturers of MTBE immunity from
claims that the fuel additive is "defective in design or manufacture." Many states
have atready banned the use of MTBE as a fuel additive due to its toxicity and
harmful affects on groundwater and surface water. Were Congress to enact
legislation exempting MTBE from product liability claims, companies would avoid
responsibility for manufacturing defective products, thus shifting the cost of
clean-up and decontamination to local and state taxpayers.
The health of our city and our citizens would be greatly jeopardized if the Senate
Energy Bill were to contain any legislation granting liability protection to
manufacturers of MTBE. The Dubuque City Council is committed to protecting
the public health and public safety of our citizens, as well as our environment.
We urge the Senate not to include any provision or adopt any amendment
providing such "safe harbor."
Thank you for your consideration of this request.
Sincerely,
Terry Duggan, Mayor
City of Dubuque
Service People Integrity Responslbility Irmovation Teamwork
Office of the Mayor
and City Council
Cfty Hah
50 West 13th Street
Dubuque, Iowa 52001~864
October 2, 2003
Senator Tom Harkin
731 Hart Building
Washington, DC 20510
Dear Senator Harkin,
On behalf of City of Dubuque, I am writing to urge you to oppose any amendment
that may be offered to the comprehensive energy bill (S.14) limiting liability for
manufactures of methyl tertiary butyl ether (MTBE). On April 11, the House of
Representatives passed H.R. 6, a comprehensive energy bill in which "safe
harbor" was granted to manufacturers of MTBE.
In the House bill, "safe harbor" provides manufacturers of MTBE immunity from
claims that the fuel additive is "defective in design or manufacture." Many states
have already ~banned the use of MTBE as a fuel additive due to its toxicity and
harmful affects on groundwater and surface water. Were Congress to enact
legislation exempting MTBE from product liability claims, companies would avoid
responsibility for manufacturing defective products, thus shifting the cost of
clean-up and decontamination to local and state taxpayers.
The health of our city and our citizens would be greatly jeopardized if the Senate
Energy Bill were to contain any legislation granting liability protection to
manufacturers of MTBE. The Dubuque City Council is committed to protecting
the public health and public safety of our citizens, as well as our environment.
We urge the Senate not to include any provision or adopt any amendment
providing such "safe harbor."
Thank you for your consideration of this request.
Sincerely,
Terry Duggan, Mayor
City of Dubuque
Service People Integrity Responsibility ]rmovafion Teamwork
Office of the Mayor
and City Council
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
October 2, 2003
Senator Charles Grassley
135 Hart Office Building
Washington, DC 20510
Dear Senator Grassley,
On behalf of City of Dubuque, I am writing to urge you to oppose any amendment
that may be offered to the comprehensive energy bill (S.14) limiting liability for
manufactures of methyl tertiary butyl ether (MTBE). On April 11, the House of
Representatives passed H.R. 6, a comprehensive energy bill in which "safe
harbor" was granted to manufacturers of MTBE.
In the House bill, "safe harbor" provides manufacturers of MTBE immunity from
claims that the fuel additive is "defective in design or manufacture." Many states
have already banned the use of MTBE as a fuel additive due to its toxicity and
harmful affects on groundwater and surface water. Were Congress to enact
legislation exempting MTBE from product liability claims, companies would avoid
responsibility for manufacturing defective products, thus shifting the cost of
clean-up and decontamination to local and state taxpayers.
The health of our city and our citizens would be greatly jeopardized if the Senate
Energy Bill were to contain any legislation granting liability protection to
manufacturers of MTBE. The Dubuque City Council is committed to protecting
the public health and public safety of our citizens, as well as our environment.
We urge the Senate not to include any provision or adopt any amendment
providing such "safe harbor."
Thank you for your consideration of this request.
Sincerely,
Terry Duggan, Mayor
City of Dubuque
Service People Integrity Responsibility Innovation Teamwork