AN environmental campaigner has pledged to go on alone in a struggle against the Environment Agency.

David Levy is preparing for a long legal battle over the agency's handling of the application by Westbury cement firm, Blue Circle, to burn tyres as fuel.

He has stood down as chair of pressure group The Air that we Breathe to protect its members.

He said: "It would be totally irresponsible to involve them.

"I cannot expect people in their 80s or those with young families to go through all this and to take the risk of losing their own money."

Mr Levy maintains that the Environment Agency did not fulfil its obligations in overseeing tyre-burning trials at Blue Circle.

He also claims that, under human rights legislation, the thousands of people living in the 10km fall-out range of the pollution for the works chimneys have a right not to be poisoned in their own homes.

He said: "I have always believed the case to be answered by the Environment Agency is substantial. I hope to have my time in a court of law and I am now one step closer to that.

"In my opinion they have been flawed in their public duty to people in this area."

A case has been filed, which the agency has to answer within 25 days, after that it will be put to the Legal Services Commission to decide whether or not legal aid will be granted to allow Mr Levy to carry on, possibly to a judicial review.

Julian Taylor, works manager at the Westbury Plant, said: "We are disappointed by this development, as using tyres is good for the environment, the local economy and the community.

"The extended period the agency took to determine our application to use tyres shows the rigour with which they reached their decision."

Martin Weiler, from the Environment Agency, said it was unable to comment at the moment because it was still studying the paperwork involved.

The agency gave Blue Circle the go-ahead to burn up to four million tyres a year as fuel at the end of August.

Mr Taylor said: "The decision stands, unless a judge overrules it at the review.

"We shall therefore be continuing to use tyres and delivering the benefits to our employees, their families and neighbours in the coming months."

He said that benefits from this change of fuel are already apparent, and include a reduction of more than 40 per cent in one of the main gases emitted from the plant.

Blue Circle has since applied to the Environment Agency for a five-year permit to burn other alternative fuels, including packaging waste, paints and solvents.

Mr Levy is appealing for benefactors to help back his legal battle.