SIERRA CLUB PRESS RELEASE

For Immediate Release
October 2, 2002

Contacts:

M. Lou Dobbs, Sierra Club
(303) 823-6383

John M. Barth
Attorney for Sierra Club
(303) 774-8868


SIERRA CLUB FILES SUIT AGAINST BOULDER COUNTY
OVER TIRE BURNING AT LYONS CEMENT PLANT

Sierra Club filed suit today in Boulder County District Court alleging that the Director of the Boulder County Land Use Department has violated state law, as well as the Boulder County zoning code, in allowing tire burning to proceed at a cement plant near Lyons, Colorado.

The lawsuit alleges that Boulder County incorrectly determined that a special use permit issued to the Lyons cement plant in 1990 was still in effect. The Boulder County zoning code states that special use permits lapse, and have no force of law, if the use has not been in operation for five continuous years. The Lyons cement plant has not burned tires since 1993.

The lawsuit also alleges that Boulder County is unlawfully withholding important documents from the Sierra Club. The Colorado Open Records Act generally provides that all public records are open for inspection by the public. Boulder County is refusing to produce documents that discuss the application of the special use lapse provision to the Lyons cement plant.

Sierra Club is concerned about potential toxic emission, such as dioxin, that may result from tire burning. The Boulder County Health Department recently stated, "in many instances there is an increase in emissions from key pollutants". The Boulder County Health Department also acknowledged that at least one report "shows an increase in chronic and cancer risk." Sierra Club is also concerned with the introduction of West Nile disease to North Boulder County. West Nile disease can be spread by mosquitoes. Old tires can be a sources of potential mosquito breeding. Recently several individuals in Colorado have been diagnosed with West Nile disease. Sierra Club is concerned that used tires may be shipped to the Lyons cement plant from areas of the state where West Nile disease is present. Sierra Club is also concerned that the disease may affect horses in North Boulder County.