New Hampshire Supreme Court Decides Parens Patriae Appeal

The New Hampshire Supreme Court has upheld the attorney general’s authority to bring suit for the costs of cleaning up pollution from the drinking water wells of thousands of New Hampshire residents.  Matt Pawa argued this appeal for the State in a case against oil companies that added the toxin MTBE to their gasoline, which caused widespread groundwater contamination in New Hampshire.  The issue on appeal was whether the State could seek monetary damages for the costs of cleaning up drinking water wells owned by private citizens. The State’s highest court held that that the State may do so under the doctrine of “parens patriae,” which is Latin for “parent of the people.” This doctrine authorizes the State to bring suit on behalf of the people where there is a widespread harm to matters of public concern. As a result of this legal victory, the State proceeded to trial for hundreds of millions of dollars in damages.  The case has become a cornerstone of the law dealing with the authority of state attorneys general.