As the weather gets warmer, a gallon of gasoline is less in quantity than it would be if it were cooler. Generally, materials expand as they get warmer. This is a basic law of physics. As matter gets warmer, the molecules that compose the matter begin to move faster, which causes the matter to expand. The result is that a gallon of warm gas contains less gas than a gallon of chilled gas. The difference, however, as a practical matter, is slight.
Nonetheless, if a person buys gas during warm weather, the gas may have expanded in its storage tank. This means that a gallon of warm gasoline does not take a person’s car as far as a gallon of cold gasoline. Because gas is sold by units of volume during periods of warm weather, a consumer may have to spend more money to get the same amount of gasoline. A gallon of warm gas is actually less gas than a gallon of chilled gas.
Some experts have estimated that this phenomenon causes Americans to buy an additional 513 million gallons of gasoline per year. This sounds like a lot, and it is. However, Americans buy about 146 billion gallons of gas per year. So, only about 0.35% of America’s total gas purchases can be attributed to this change in volume.
Have Lawsuits Been Filed about the Warm Gas Issue?
In the past, groups of consumers filed lawsuits in several states seeking a remedy for this problem. Specifically, one group of concerned citizens sued the retailer Costco. The suit against Costco alleged that temperature changes in gasoline cause it to expand and lose mass, leaving consumers with less gas in their tanks than for what they were actually charged. The lawsuit named dozens of other gas retailers and chains, including Exxon, Citgo, Hess, and Wal-Mart.
The standard industry temperature for gasoline is 60 degrees. Gas pumps are set up to deliver gas at this temperature. But when gas is warmer, it expands, and a gallon contains less volume than a gallon of chilled gas.
The lawsuit against Costco covered consumers in 25 states, Washington, D.C., and Guam. It alleged that the oil industry and individual gas states engaged in fraudulent misrepresentation and civil conspiracy.
While the difference in volume between a gallon of warm gas and a gallon of chilled gas might seem insignificant, over time, the money adds up. The attorneys for the people filing the lawsuit, the “plaintiffs” in legal terminology, claimed that consumers of gas affected by this problem paid as much as $40 to $100 more per year for gas to make up the difference in volume between warm and chilled gas.
Was the Warm Gas Problem Solved as a Result?
Costco agreed to a settlement of this lawsuit. The retailer agreed to install new pumps at its stores in 14 states in the south and southwest, where gas is more frequently sold warm because of higher ambient temperatures for longer periods.
The new pumps would deliver slightly more gas for the same price when the fuel is “hot.” It was anticipated that the new pumps could eventually find their way to seven other states and Washington, D.C. if Costco were to begin buying temperature-adjusted fuel in those markets. The new, improved gas pump installation was to take place gradually over 5 years. But this was a result that applied only to Costco gas stations.
The California Energy Commission (CEC) claimed that the new pumps would cost consumers more in the long run. It found that the net cost of installing the price-control mechanism on gas pumps is actually negative to a small degree. This is because the cost of modifying the pumps would be between $102 and $123 million, and inspections and maintenance would cost from $.4 million to $13 million.
Other experts claim that heat expansion of gasoline hands a windfall of as much as $1.5 billion a year to the oil and gas industry. Consumer groups were very happy with their victory in settling the case.
Were There Lawsuits against Gas Retailers Other Than Costco?
In 2007, a resident of Eugene, Oregon, also filed a lawsuit in federal court alleging that major oil companies were selling warm gas that delivered less than a gallon in volume for the price of a gallon. This was another “warm gas” lawsuit. The plaintiff in the Oregon case claimed that a gallon of gasoline at 60 degrees Fahrenheit, the government standard, has a volume of 231 cubic inches, but at 90 degrees, the same quantity of gasoline is nearly five cubic inches larger.
Experts reportedly claimed that the average year-round temperature of gasoline and diesel in service station tanks is 64.7 degrees, meaning consumers pay an additional $1.7 billion annually.
Meanwhile, in 2007 in California, a group interested in consumer protection claimed that oil companies were pressuring the manufacturers of gasoline pumps not to sell pumps that adjust the amount of fuel dispensed according to temperature to gas stations.
The Oregon lawsuit was filed against ExxonMobil, Chevron U.S.A., ConocoPhillips, BP America, Supervalu Inc., and Shell Oil. These companies were accused of unlawful trade practices, unjust enrichment, breach of contract, and breach of the covenant of good faith and fair dealing. It was filed as a class-action lawsuit on behalf of all citizens of Oregon who bought fuel stored at temperatures over 60 degrees Fahrenheit. The relief sought was installing temperature-correcting equipment on retail gas pumps and posting notices that would tell customers the temperature of the fuel they buy.
Reportedly other lawsuits were filed in states where the weather is typically warm, such as Florida. Because the amount of money lost by an individual consumer because of this phenomenon is extremely small (on average, about 0.35% of the total amount spent on gas), an individual lawsuit is not likely to be worth the cost.
The outcomes of these other lawsuits are not known. If a person were interested in this topic, they might want to contact the department of consumer affairs or another agency in their state that deals with consumer protection.
They might be able to provide a person with information about the retail sale of gasoline in their state, what kind of pumps are typical, and whether there are any state laws or regulations that require gas pumps to adjust the amounts they dispense to consumers when temperatures rise or fall.
Would I Need the Help of a Lawyer for a Warm Gas Lawsuit?
If you believe you have lost money because you have been sold warm gas, you want to consult a consumer protection lawyer about filing a lawsuit. Lawsuits reported in the media were mostly filed long ago and have probably been settled.
So you might have to start a new lawsuit of your own. Given that you would be suing large, extremely wealthy oil companies, you would want a lawyer to represent you. A lawyer can provide you with the legal advice, guidance, and representation needed for such cases. Also, they can keep you updated if there are any changes to laws that might affect your rights and options.
