COEUR D'ALENE, Idaho - An Idaho state court judge today imposed a tough set of restrictions on grass burning while a lawsuit brought by a group of Idaho residents moves through the court system. The order includes all grass farmers in Idaho, and will stay in effect until Dec. 31, 2002 or until a decision is reached on the lawsuit.

In the order, Judge John Mitchell stated, "The farmers know the smoke from burning their grass field has a negative health effect on at least certain people." Judge Mitchell also stated in the order that "when you balance simple economics issues on one side of the scale, with health and life issues on the other side of the scale, it is easy to see where the scales of justice will tip."

"We are very pleased that Judge Mitchell agreed with our clients," said Steve Berman, a Seattle attorney representing the Idaho residents. "But while this is a step in the right direction, it is just the first step. We look forward to moving ahead with the suit and proving our claims in court."

In an effort to protect Idaho citizens who are severely affected by the grass burning, Judge Mitchell ordered that every farmer must bale all loose straw and other residue from the ground before the fields can be burned. Grass burning can only commence once a smoke management coordinator or a local smoke coordinator certifies that material has been removed.

The order also requires the defendants in the lawsuit, 79 Idaho grass farmers, to post a $100,000 bond to cover possible healthcare costs and moving expenses for the plaintiffs in the suit.

In addition to a complete ban on field burning, the lawsuit asks the court for a medical monitoring program for those affected by the smoke, as well as monetary damages. If approved, the proposed class-action suit would include residents with medical conditions aggravated by the smoke in Kootenai, Bonner, Benewah and Spokane Counties, as well as other areas.

Filed against the state of Idaho and 79 grass farmers and seed companies, the lawsuit claims that the smoke produced by annual grass fires used by farmers to clear fields causes serious health risks, especially to those with respiratory conditions including asthma and cystic fibrosis.

The suit cites a number of cases in which the smoke causes 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.

"For all the plaintiffs suffocating from the field burns, the Judge's order is nothing short of a deep breath of fresh air in what had become a stagnant situation," Berman said. "For the first time, many of these folks will have the opportunity to live in their own homes during the burn months."

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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