State of Missouri vs. RES

The State of Missouri
The Missouri Air Conservation Commission and
The Missouri Department of Natural Resources (Plaintiffs)
vs.
Renewable Environmental Solutions LLC (Defendant)

Petition For Preliminary and Permanant Injunction and Civil Penalties

Missouri Attorney's General Jay Nixon, filed the lawsuit in Carthage, Jasper County Missouri yesterday, January 11, 2006. Mr. Nixon is asking the Jasper County Circuit Court to order Renewable Environmental Solutions LLC (RES) to pay penalties for the violations at its Carthage facility. This is the second lawsuit that Mr. Nixon has filed agains RES concerning odor problems. In April 2005, his office and the City of Carthage, jointly filed a lawsuit against RES, asking the Court to declare the odors a public nuisance.

Mr. Nixon said that "The referral last week from the Missouri Department of Natural Resources (MDNR) now enables us to seek penalties for a long history of odors from this plant. This was another tool we needed to bring this facility into compliance and give relief to the citizens of Carthage." Mr. Nixon is asking the Court to issue injunctions against RES to ensure that the company immediately takes any and all steps to come into compliance with Missouri air polution laws and regulations. The lawsuit also asks the Court to order RES to pay the maximum penalty for violations of its permit and of state odor regulations. Missouri's Air Conservation law allows for a maximum penalty of $10,000 per day per violation. www.ago.mo.gov/newsreleases/2006/011106b.htm