On September 22, 1999, lightning struck a waste pile containing some six million tires in a canyon west of Interstate 5. The fire burned for 34 days, poured tons of smoke and pollutants into the air, melted waste tires into at least 250,000 gallons of molten oil, threatened surface and groundwater drinking supplies with contamination, and required extraordinary efforts and expenses to contain. The waste tires had been stockpiled at the Westley facility since the 1960s and were used for a waste-to-energy operation.

The action alleges that the tire inferno left behind pollution from contaminated soil and created a threat to groundwater quality. It also alleges that many of the residents of Stanislaus County suffered from related respiratory problems and other medical conditions related to smoke inhalation and exposure. The amount that class members can receive, which could range into the thousands of dollars, will depend on their proximity to the fire and their injuries.

The action continues against the remaining defendants: rancher Ed Filbin and several related parties, Oxford Energy Tire Recycling of Northern California, Modesto Energy Limited Partnership, Omega Tires Inc., Heights II, Inc., and Mark Kirkland.

Named plaintiff Alfred Barbosa lives about 11 miles from where the fire started. He said ash and soot fell on his 1996 Ford Thunderbird and ruined it. After the fire, Mr. Barbosa alleged that he suffered from bloody noses, itchy eyes and ear infections, ailments he said he never had before. In an interview, he said he would use the money he gets to pay medical bills.