Attorney General Kelly A. Ayotte announced that New Hampshire’s lawsuit against oil companies for MtBE contamination of state waters will be returned to state court, as a result of today’s decision by a federal appeals court.

In a unanimous decision, the United States Court of Appeals for the Second Circuit ruled that there was no federal jurisdiction to hear New Hampshire’s state case and that it must be returned to state court, where it was originally filed.

In 2003, the state had sued oil companies that added the chemical methyl tertiary butyl ether, or “MtBE” to gasoline sold in New Hampshire. The state sought full recovery for statewide contamination of drinking water supplies. The oil companies immediately removed the case to federal district court, which denied the state’s request to return to state court. The state appealed on grounds that there was no federal jurisdiction over the state’s case. Today, the appeals court agreed and remanded remanded the state’s case to the Merrimack County Superior Court.

Attorney General Ayotte commented: “We are very pleased that the federal appeals court agreed with us that the proper place to hear this important case about New Hampshire’s drinking water is in our state’s courts. We look forward to trying the case as soon as possible before a jury of New Hampshire citizens.”

For further information, please contact Maureen D. Smith, Senior Assistant Attorney General, at (603) 271-3679.