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NOTICE: This opinion is subject to motions for rehearing under Rule 22 as well as formal revision before publication in the New Hampshire Reports. Readers are requested to notify the Reporter, Supreme Court of New Hampshire, One Noble Drive, Concord, New Hampshire 03301, of any editorial errors in order that corrections may be made before the opinion goes to press. Errors may be reported by E-mail at the following address: reporter@courts.state.nh.us. Opinions are available on the Internet by 9:00 a.m. on the morning of their release. The direct address of the court's home page is: http://www.courts.state.nh.us/supreme. THE SUPREME COURT OF NEW HAMPSHIRE ___________________________ Merrimack No. 2005-552 THE STATE OF NEW HAMPSHIRE v. CITY OF DOVER & a. Argued: October 19, 2005 Opinion Issued: January 18, 2006 Kelly A. Ayotte, attorney general (Maureen D. Smith, senior assistant attorney general, on the brief and orally), for the State. Watson & Lemire, P.A., of Portsmouth (Thomas R. Watson and Jennifer A. Lemire on the brief, and Mr. Watson orally), for the defendants. DUGGAN, J. The defendants, the Cities of Dover and Portsmouth (cities), appeal a decision by the Superior Court (Fitzgerald, J.) that suits filed by the cities against certain manufacturers, suppliers and distributors of methyl tertiary butyl ether (MTBE) must yield to suits filed by the State of New Hampshire against MTBE manufacturers, suppliers and distributors. We affirm. The record reflects the following stipulated facts. MTBE was first added to gasoline in the late 1970's. Manufacturers of MTBE claim that adding MTBE to gasoline boosts octane levels and produces a cleaner burning fuel, which is less likely to produce airborne pollutants. Following the passage of the Clean

Air Act of 1990, 42 U.S.C.

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New Hampshire Law