COEUR D'ALENE, Idaho - A group of Idaho residents today asked the Idaho state court to order an immediate ban against grass burning while a recently filed class-action lawsuit works its way through the court system.

The motion is the first legal salvo by the group since they filed the lawsuit on June 10 in Idaho state court, claiming that the smoke produced by the grass fires causes serious health risks, especially to those with respiratory conditions including asthma and cystic fibrosis.

The motion, filed on behalf of the named plaintiffs by Seattle attorney Steve Berman, asks the court to grant an immediate temporary restraining order and schedule a court date to hear arguments for an injunction, which would remain in place until the conclusion.

According to Berman, the suit takes a significantly different legal approach than a federal court case that was dismissed earlier this month. In that case, US District Court Judge Edward Lodge said the federal law the case was brought under was not applicable.

"Our case is based on state law, which we believe does a better job at addressing the problems caused by the burnings than federal law," Berman said.

The suit, filed against the state of Idaho and 79 grass farmers and seed companies, calls for an immediate end to grass burning. The suit also calls for the creation of a medical monitoring and education programs to protect Idaho residents confronted with grass burning smoke every August and September.

The suit alleges that Idaho's burn policy, which allows grass-seed farmers to burn in excess of 20,000 acres every year, lags far behind other states - including neighboring Washington - which have effectively outlawed grass burning altogether.

The suit cites a number of cases in which the smoke cause dramatic health effects, including the case of Alex H., a 10-year-old girl suffering from cystic fibrosis. According to the suit, Alex cannot tolerate even a minimal level of smoke pollution and according to medical experts, she suffers life-shortening pulmonary injury each time she breathes smoke from the burning fields.

According to the suit, the Idaho Department of Environmental Quality received more than 1,700 complaints during August and September of 2001. Experts have noted that exposure to even minimal levels of pollutants results in increased numbers of emergency room visits and hospitalizations, increased doctor visits, increased school and work absences, and decreased physical activities for individuals afflicted with cystic fibrosis, chronic heart disease or inflammatory airwave diseases, according to the complaint.

Seeking to protect those most affected by the grass burning pollutants, the suit represents individuals with cystic fibrosis, chronic heart disease or a medically diagnosed inflammatory airwave disease such as asthma or chronic bronchitis who live in Kootenai, Bonner, Benewah and Spokane Counties, as well as other areas.

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About Hagens Berman
Hagens Berman Sobol Shapiro LLP is a consumer-rights class-action law firm with offices in nine cities. The firm has been named to the National Law Journal’s Plaintiffs’ Hot List seven times. More about the law firm and its successes can be found at www.hbsslaw.com. Follow the firm for updates and news at @ClassActionLaw.

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Ashley Klann
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