Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Judge Orders Rewrite of Hot Fuel Settlements

A judge has rejected many of the proposed settlement deals in the "hot fuel" class-action lawsuit, sending fuel refiners and retailers back to the drawing board

by Staff
October 21, 2012
2 min to read


A judge has rejected many of the proposed settlement deals in the "hot fuel" class-action lawsuit, sending fuel refiners and retailers back to the drawing board.


The term "hot fuel" refers to the expansion of gasoline or diesel fuel in the warmer months. Critics charge that when the fuel expands, it delivers less energy per gallon to the consumer, but the consumer is still charged the same price per gallon.

In 2006, the Kansas City Star wrote a series of stories about the issue, estimating that hot fuel cost consumers $2.3 billion dollars a year. After the Star's reports, class-action lawsuits sprouted up against dozens of companies, including oil giants and fuel-station chains.

Preliminary settlements were reached earlier this year by a number of defendants, but the judge must approve them.

Ten retail companies offered settlements earlier this year, the majority of which involve a gradual, voluntary move to install technology known as automatic temperature compensation, or ATC, on fuel pumps, according to the Owner Operator Independent Drivers Association, which has been actively involved in this issue. ATC would adjust the price the consumer pays to account for the temperature of the fuel.

In general, according to published reports, the refiners agreed to pay $21.2 million into a special settlement fund. Two thirds of what was left after attorney's fees was to be used to help retailers pay for automatic temperature compensation at retail or putting decals on dispensers that explain the effect of temperature on energy content.

The other third was to go to state weights and measures departments to help defray the costs of overseeing ATC.

However, Judge Katherine H. Vratil said the plans by Shell, BP, ExxonMobil, Citgo, Sinclair, ConocoPhillips and Valero do not fully address the needs of the class-action plaintiffs, saying she could not see how dispenser decals would benefit class members, reports scpnet.com, a news site for the convenience store industry.

Also in question: Why the settlements limited payment to retailers to no more than 25% of the funds in each of the first two years after the deals were effective.

Vratil is presiding over the consolidated case consisting of lawsuits filed in 26 states dating back to 2006.

In September, one of the hot fuel cases went to trial. Two Kansas businessmen, including a FedEx trucker, came up short in trying to convince a jury that three retailers - QuikTrip, 7-Eleven and Kum & Go - knowingly intended to harm consumers by selling hot fuel.

Related Stories:

4/20/2012 Three More Companies Settle in 'Hot Fuel' Suits

4/9/2012 Three Major Oil Companies Settle in "Hot Fuel" Lawsuit

More Drivers

Illustration of data privacy, big brother concept, and truck driver behind the wheel
Safety & Complianceby Deborah LockridgeAugust 17, 2026

Driver Trust Can Make or Break the Success of Fleet Safety Technology

New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.

Read More →
Illustration incorporating a gavel, the back of a driver training trailer, and art showing a blue female shape standing out in a row of male shapes.
Driversby StaffAugust 11, 2026

EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training

KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.

Read More →
Safety & Complianceby Deborah LockridgeAugust 10, 2026

FMCSA Moves to Codify English Language Requirements for Commercial Drivers

By changing regulations on English-language proficiency requirements for commercial drivers, rather than relying on a guidance memo, the FMCSA said future administrations won't be able to walk back the Trump administration's stricter enforcement with just a memo.

Read More →
Ad Loading...
YouTube thumbnail showing two Western Star trucks with the text "Behind the Experience: Western Star Star Nation"
Equipmentby Lauren FletcherAugust 3, 2026

Drivers Put Western Star Trucks to the Test at Star Nation Experience

Watch to get an inside look at the Western Star trucks, technology, and community behind the Star Nation Experience 2026!

Read More →
American flag in background with photos of military truck and Freedom Haulers ad graphic
Driversby Deborah LockridgeJuly 30, 2026

Trump Administration Looks to Put More Veterans Behind the Wheel

The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.

Read More →
Equipmentby Jim ParkJuly 30, 2026

Putting Mack’s Command Steer to the Test

A test drive of Mack’s Command Steer active steering system evaluates how it can make truck driving easier and less tiring.

Read More →
Ad Loading...
Truck driver behind the wheel with illustration overlaid of someone handing out cash
Driversby Deborah LockridgeJuly 28, 2026

Competition Heating Up for Truck Drivers

New report reveals rising driver hiring costs, the return of sign-on bonuses, growing AI advantages, and the operational factors shaping driver retention.

Read More →
Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Ad Loading...
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →