Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Hot Fuel Lawsuit Proceeding

A lawsuit alleging that consumers are being cheated because fuel prices are not adjusted to account for temperature will proceed, a judge ruled last week

by Staff
February 25, 2008
2 min to read


A lawsuit alleging that consumers are being cheated because fuel prices are not adjusted to account for temperature will proceed, a judge ruled last week.

Truckers are among the plaintiffs in the "hot fuel" case. The complaint is that during wholesale transactions, a gallon of fuel is defined by fuel companies as 231 cubic inches at 60 degrees. At retail, however, there is no consideration given for temperature. Studies have shown that national averaage termperaure of motor fuel is near 70 degrees, and even higher in warmer weather. Because the fuel expands as the temperature rises, the plaintiffs contend that fuel companies are profiting on "extra" gallons crated by the expansion. A U.S. House Committee on Oversight and Government Reform subcommittee study of 2006 data showed that hot fuel nationwide costs consumers an extra $2.3 billion per year.
The oil companies and gas retailers argue that state regulations and industry standards define a gallon of gasoline by volume, not in terms of its energy output, reported the Associated Press. As long as the customer receives 231 cubic inches of fuel, they said, the customer is getting what they paid for.
Last Thursday, the judge in the case denied a motion by the defendants to dismiss the case. The decision by District Court Judge Kathryn H. Vratil moves the case to the discovery stage -- or, as the Foundation for Taxpayer and Consumer Rights and its OilWatchdog project puts it, the "who knew what, when" stage.
The Judicial Panel on Multidistrict Litigation last year decided to centralize in U.S. District Court in Kansas City, Kan., dozens of lawsuits filed by consumers in 26 states, Washington, D.C., and Guam, rather than try them in separate courts.
The fuel industry says the cost of installing temperature adjustment equipment would be prohibitive. NATSO, a trade group that represents truck stop operators, has estimated the cost of equipping each pump at between $1,500 and $3,800. But plaintiffs point out that the petroleum industry has pushed for using these adjustments in Canada, where the temperature difference favors the consumer rather than the seller.
The issue has received attention at the federal level. Last summer, Rep. Dennis Kucinich, chairman of the Domestic Policy Subcommittee of the House Committee on Oversight and Government Reform, held a hearing on the hot fuel issue.
(The Kansas City Star covered this issue extensively last summer; go to their Hot Fuel Page.)

More Drivers

Illustration of driver medical exam paperwork over duotone background of a blood pressure check

FMCSA Extends Paper Medical Card Exemption … Again

Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.

Read More →
Mack Pioneer tractor.
Driversby Jack RobertsApril 10, 2026

Mack Launches Digital Driver Guide for Chassis-Specific Truck Info

Mack’s new, virtual owner’s manual delivers VIN-based, on-demand guidance for vehicle systems via web, app, and soon in-cab displays.

Read More →
Close-up of Western Star truck logo with red star emblem on chrome grille, representing the brand’s identity in the trucking industry.
Driversby News/Media ReleaseApril 6, 2026

Western Star Showcases Truckers' Pride and Skill

Western Star is expanding its Star Nation Experience in 2026, adding new competitions and dealer participation to highlight operator skills and promote careers in trucking.

Read More →
Ad Loading...
Photo of truck driver at podium holding award
Driversby News/Media ReleaseMarch 27, 2026

Best Fleets to Drive For: Two Carriers Earn Overall Award for First Time

CarriersEdge announced the 2026 Best Fleets to Drive For overall winners, with Crawford Trucking, Fortigo Freight Services, and FTC Transportation receiving top awards.

Read More →
Illustration of Department of Labor building, diesel technician at a computer, and driver training semi trailer
Driversby Deborah LockridgeMarch 10, 2026

Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training

The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.

Read More →
Illustration of truck owner operator and magnifying glass with the word "regulations"
Driversby Deborah LockridgeFebruary 26, 2026

Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal

For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.

Read More →
Ad Loading...
 Truck with door open and enforcement officer talking to driver about ELD
DriversFebruary 26, 2026

FMCSA Reinstates Field Warrior ELD to Registered Device List

One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.

Read More →
Photo of truck driver in yellow safety vest walking alongside tractor-trailer
Driversby Deborah LockridgeFebruary 25, 2026

How One Company is Using Smart Suspension Technology to Reduce Driver Injuries and Improve Retention

America’s Service Line adopted Link’s SmartValve and ROI Cabmate systems to address whole-body vibration, repetitive strain, and driver turnover. The trucking fleet is already seeing measurable results.

Read More →
Illustration with photos from some of the 2026 Best Fleets to Drive For honorees
Driversby News/Media ReleaseFebruary 24, 2026

CarriersEdge Announces 2026 Best Fleets to Drive For

The 18th annual contest recognizing the best workplaces for truck drivers sees changes to Top 20, Hall of Fame

Read More →
Ad Loading...
Illustration of driver students around trucks with distressed graphic elements and safety cones
Driversby Deborah LockridgeFebruary 19, 2026

FMCSA Targets 550+ ‘Sham’ CDL Schools in Nationwide Sting Operation

The Federal Motor Carrier Safety Administration issued more than 550 notices of proposed removal to commercial driver training providers following a five-day nationwide enforcement sweep. Investigators cited unqualified instructors, improper training vehicles, and failure to meet federal and state requirements.

Read More →