Out of Energy Bill

The Energy Bill passed the House last week and now heads to the Senate. President Bush says he wants to sign it, but Democrats plan to bury it alongside past versions. Among the critics is Sen. Chuck Schumer, who says he'll filibuster the bill because it shields fuel manufacturers from MTBE spill liability. "This bill lets the big oil companies who are responsible off the hook," he says.

Once a hero of the environmental movement, MTBE is now a corporate demon. The chemical is a gasoline additive that aims to help your car emit less air pollution. Environmentalists pushed it into the 1990 Clean Air Act Amendments, but soon afterwards gas-station attendants claimed its fumes made them nauseous and drivers complained it lowered gas mileage. As stored fuel likes to do, it also found its way into drinking water, and now local and state governments are suing gasoline manufacturers for clean-up costs.

This history is ripe to be revisited in light of the favorite new ornament of the concerned Hollywood set, led by "Seinfeld" creator Larry David. Environmentalists praise gas-electric cars like Mr. David's beloved Toyota Prius, but do they see the elephant in the room? First model-year hybrids will begin to go off warranty in three years. Whether drivers replace batteries on schedule or not (at a cost of about $3,000), a lot of monster batteries will end up in the trash. In fact, discarded batteries could soon pose a giant remediation challenge as hybrid vehicles comprise a bigger share of the national auto fleet. Will environmentalists go MTBE on the auto industry and sue them for battery pollution?