Attorney General's News Release

March 12, 2007

Nixon brings legal action against Lincoln County man for open burning of tires

Troy, Mo.— A rural Lincoln County man who was cited for the open burning of tires in violation of the Missouri Air Conservation Law is the target of a lawsuit filed today by Attorney General Jay Nixon. Nixon's lawsuit against Charles Cunningham of Foley, filed in Lincoln County Circuit Court, is seeking an injunction and civil penalties.

According to the lawsuit, the Missouri Department of Natural Resources investigated a citizen complaint of open burning outside the town of Foley in rural Lincoln County on March 28, 2005. The DNR investigation revealed that Cunningham had burned a number of tires on the property, and that approximately 150-200 tires were still visible at the site. In April 2005, DNR issued a notice of violation to the defendant, but did not refer the matter to the Attorney General's office until Feb. 1 of this year after attempts at a settlement failed.

“We can't ever afford to stand by while someone carelessly fouls our air and damages our quality of life through tire burning and the resulting air pollution,” Nixon said. “This will send a message that such behavior is not to be tolerated.”

The lawsuit asks the court to issue a permanent injunction against the defendant requiring him to comply with all provisions of the Missouri Air Conservation Law and require the defendant to pay appropriate civil penalties and the costs of bringing the lawsuit.

Inquiries from consumers should be directed to consumer@ago.mo.gov or 1-800-392-8222 (from within Missouri) or 573-751-3321 (outside Missouri).

All media inquiries should be directed to Press Secretary John Fougere.

E-mail      Phone: 573-751-8844         Fax: 573-751-5818