Nixon stays on Taum Sauk investigation

ST. LOUIS -- Missouri's natural resources chief asked Attorney General Jay Nixon on Wednesday to recuse himself from the investigation into Ameren Corp.'s Taum Sauk reservoir collapse, saying Nixon's acceptance of more than $19,000 in campaign contributions this year that originated with Ameren amounted to a conflict of interest.

Nixon's attorney Edward Ardini sent a prompt reply to Missouri Department of Natural Resources director Doyle Childers, insisting Nixon will continue the Taum Sauk investigation and accusing Childers' boss, Gov. Matt Blunt, of also having close ties to Ameren.

It's not clear where the legal impasse is headed. DNR general counsel Kurt Schaefer said the agency is evaluating its options, and Blunt spokesman Spence Jackson said the governor is also formulating a response.

Childers said he was disturbed by Nixon's decision to represent the agency in its claims against Ameren. He said an independent prosecutor should be hired to pursue the case.

"It alerts me, and alerts anyone else who cares about it, that it seems highly improper," Childers said. In a letter sent Wednesday evening, Childers repeated his call for Nixon to step down after receiving Nixon's refusal.

Nixon wouldn't comment on the matter Wednesday. He told the AP last week he wouldn't be swayed by any Ameren contributions that made their way into his campaign fund.

Ameren Corp. made four contributions of $5,000 each to four Democratic country organizations in the St. Louis area between January and March. None of the groups had that much money on hand at the time. On March 31, all four gave nearly $5,000 each to Nixon's campaign.

Ameren spokeswoman Susan Gallagher said Wednesday the company did not direct the campaign committees to send the money to Nixon.

The DNR has a major interest in any litigation against Ameren because the reservoir collapse devastated the Johnson Shut-Ins State Park, operated by DNR, and injured the park superintendent's family.

Federal investigators said in a recent report that Ameren knew of critical problems at Taum Sauk and delayed repairs that could have prevented the collapse.

Nixon was assigned as special prosecutor in the case, and is the only authority who could press criminal charges against Ameren or file a lawsuit on behalf of the state. In April, Nixon told The Associated Press a lawsuit or criminal charges against Ameren were imminent. But he softened that last week, saying he had pulled back from litigation and was in "complicated discussions" with the firm.

In a letter sent to Nixon late Wednesday morning, Childers expressed frustration that Nixon hasn't shared information about his investigation and seems to be pursuing a settlement agreement with Ameren behind closed doors.

"Given the shroud of secrecy that now surrounds your involvement in this case, coupled with the appearance of impropriety raised by these contributions, I hereby request that you fully recuse yourself from the matter," Childers wrote.

Ardini sent Childers a reply later Wednesday, calling Childers' message "both ill-informed and legally baseless."

Ardini wrote that Nixon will "continue the investigation into the Taum Sauk reservoir failure wherever it leads, and he will resolve the matter solely in the best interests of Missourians as he always has and always will during his time in office."

Ardini also included a number of accusations against Blunt, who is Nixon's expected rival in the 2008 governor's race. Ardini said Blunt takes contributions that originate with many companies regulated by the state and noted that Blunt's brother is an Ameren lobbyist in Jefferson City.

In an interview, Childers said he was unmoved by the accusations.

"The governor is not my attorney," Childers said, noting that Nixon is pursuing Ameren on behalf of the state. "I am deeply resentful for having my attorney take money from my adversary, and I think it's a very serious ethical issue."