Chuck Schumer: “I rise today to engage my friend, the Senator from New Mexico, who serves as the ranking member of the Energy and…”

“I rise today to engage my friend, the Senator from New Mexico, who serves as the ranking member of the Energy and Natural Resources Committee and who acted as the ranking Senate conferee, in a colloquy regarding the conference report on the Energy Policy Act of 2005. I thank my friend for his service in this body and hard work on this bill, and particularly his efforts in resolving the contentious issues surrounding MTBE remediation litigation. It is my understanding that the language contained in section 1503 of the conference report addresses this issue in a matter consistent with current law on three vital fronts. First, it would in no way preclude or abrogate the right of citizens and local governments to pursue all available State and Federal remedies where there is environmental harm and other injury that results from contamination of MTBE into groundwater and public water supplies. Second, nothing in the language will alter the substantive law that courts currently apply in these cases and that they will apply to future claims. And finally, it is not intended to provide Federal courts with exclusive or subject matter jurisdiction or grant Federal courts jurisdiction over nonproduct liability cases, such as environmental cleanup and cost recovery cases involving general petroleum spills initiated by State governments and private citizens.…”