New Hampshire Attorney General Kelly A. Ayotte announced that she is moving forward with a legal action against manufacturers and refiners of MTBE alleging contamination of New Hampshire’s water supply. While that move may have not surprised many, on pages 4 and 5 of a new pleading, she asks the court to adopt the litigation model that was used by Rhode Island’s Attorney General to sue former manufacturers of lead paint. She lauded this model because it removed the state’s burden of identifying whose product is causing the alleged injury or nuisance. If adopted, this Rhode Island model presents a significant threat to known and accepted product liability laws.
Download New Hampshire's MTBE pleading. (PDF: 7MB)