Facts

The City of Fresno sued numerous defendants, based on allegations that these defendants threatened Fresno's water supply by refining, manufacturing, supplying or distributing methyl tertiary butyl ether, or MTBE, within its territory. MTBE is highly soluble, making it a threat to groundwater.

PLAINTIFF'S CONTENTIONS:
Fresno argued that defendants were liable for contaminating the city's drinking water supplies with MTBE. Although Fresno could identify its costs associated with removing MTBE from its drinking water, it presented experts who opined that Fresno would need to assess its water supply, which would cost a considerable amount to do.

DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss Fresno's claims, either on the grounds that they were barred by limitations or that Fresno had failed to establish any harm. Other defendants argued that Fresno had not established causation.

Result

The court granted defendants' motions for summary judgment.