Missouri Court of Appeals, Western District / Jun 9, 2020
State of Missouri, Ex Rel., Eric S. Schmitt, Attorney General and Missouri Department of Natural Resources, vs. Zill, Inc.
The Missouri Department of Natural Resources (DNR) sued Zill, Inc., a gas station owner, seeking injunctive relief and civil penalties for an alleged petroleum spill and violations of underground storage tank regulations. The trial court denied DNR's requests, finding DNR failed to prove Zill was the source of the spill or that ongoing regulatory violations existed, and that civil penalties required a prior DNR order. The appellate court affirmed the judgment, concluding the trial court correctly applied the law regarding DNR's burden of proof, the availability of injunctive relief, and the statutory prerequisites for assessing civil penalties.