United Water New York, Inc. v. Amerada Hess Corp.

OPINION AND ORDER

SCHEINDLIN, District Judge!

1. INTRODUCTION

In this consolidated multi-district litigation, New York water providers (“plaintiffs”) have sued various defendants for the contamination, or threatened contamination, of many -of plaintiffs’ wells as a result of defendants’ use of the gasoline additive methyl tertiary butyl ether (“MTBE”).1 Defendants now move to either stay or dismiss plaintiffs’ claims for equitable relief based on the doctrine of “primary jurisdiction.”2 Under this judi*278dally created doctrine, courts have the discretion to stay or dismiss a claim out of deference…