Just before the June 30 Statute of Limitations deadline the New Jersey Department of Environmental Protection (NJDEP) filed natural resources damage lawsuits against 120 NJ companies identifying them as the worst polluters in the state.  The state’s lawsuits targeted polluters that have damaged river resources.  In particular it focused on numerous manufacturers and marketers of the gasoline additive, MTBE.

MTBE is a synthetic chemical that has been historically added to gasoline as a fuel oxygenate increasing the efficiency of the combustion of the fuel and helping prevent engine knocking.  It is a volatile, flammable, colorless liquid that is highly soluble in water.  Because of widespread releases of MTBE-containing gasoline from Underground Storage Tanks it has caused contamination in drinking water aquifers and is a serious concern.  The discovery of MTBE in public water supplies indicates that the contaminant source was a gasoline release.  By late 2006, most American gasoline retailers ceased using MTBE as an oxygenate.

The lawsuits seek compensation above and beyond cleanup costs and fines.  DEP uses money from natural resource damage settlements for ecological restoration projects.  Since 1994, DEP’s Natural Resouce Damage program has recovered more than $51 million and preserved approximately 6,000 acres of open space as wildlife habitat and ground water recharge areas as compensation for pollution resulting from 1,5000 contaminates sites and oil spills.

The DEP and Attorney General’s Office plan to file additional natural resource damage claims in cases that are still under investigation.