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In 1990, Congress amended the Federal Clean Air Act to require the use of an “oxygenate” in gasoline in areas not meeting certain national air quality standards. Methyl tertiary butyl ether (MTBE) was one among several possible oxygenates. Between 1995 and 2006, gasoline with MTBE was sold throughout the New Hampshire (P). In 1997, P became aware that MTBE could pose increased risks to groundwater. In 2004, P enacted legislation banning MTBE gasoline effective in 2007. In 2005, Congress eliminated the oxygenate requirement and enacted a renewable fuels mandate to increase ethanol usage. In 2003, P sued several gasoline suppliers, refiners, and chemical manufacturers seeking damages for groundwater contamination allegedly caused by MTBE. All defendants except D settled. The jury found in favor of P on all of its claims. The jury rejected D's defenses. The trial court entered a verdict of $236,372,644 against D. D appealed. In part, D claimed market share liability is not an acceptable theory of recovery.

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