COEUR D'ALENE, Idaho – A group of Idaho residents today filed a class-action lawsuit attacking the state's grass-burning policy, claiming the practice endangers the health of thousands, especially those with respiratory conditions.

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 program to protect Idaho residents confronted with grass burning smoke every August and September.

The suit, filed in Idaho state court by victims of past years' burning through their attorney Steve Berman, 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.

Idaho grass-seed farmers use the burns to remove the grass stalk residue after harvesting. Grass farmers in Washington and Oregon use other farming practices to remove grass stalk residue while keeping the air free of pollutants.

"While we intend to present mountains of evidence and expert testimony, all you need to do is take a deep breath during one of these field burns to realize the impact," Berman said. "It is far more than an inconvenience - it is literally shortening people's lives with every breath they take."

The suit cites the case of Alex H., a 10-year-old girl suffering from cystic fibrosis who cannot tolerate even a minimal level of smoke pollution. According to medical experts, each time she breathes smoke from the burning fields, the smoke causes irreparable pulmonary injury that shortens her life expectancy.

According to Berman, Alex's mother now takes six weeks unpaid vacation to protect her daughter from the smoke pollution during burning season. "Alex's mom does everything she can, including packing up and moving the entire family," Berman noted. "Unfortunately, the smoke has already done damage, shortening her already abbreviated life expectancy."

A 58-year-old North Idaho resident, Jeanne Wolcott suffers from chronic asthma and must hastily leave her home several times a year during grass-burning season or risk a severe asthma attack, the suit states. Several times in the past Wolcott has been hospitalized for asthma attacks caused by field-burning smoke inhalation, according to the suit.

Other plaintiffs in the suit claim to stay locked inside their homes for several days, closing up windows and doors to find relief from grass-burning smoke. Others are forced to leave the area during the nearly two-month-long field-burning window.

"Every time they burn, grass farmers place thousands of people under involuntary house arrest," Berman continued.

According to the suit, the Idaho Department of Environmental Quality received more than 1,700 complaints during August and September of 2001. The suit highlights many of the complaints from distressed North Idaho residents, ranging from "The hospital is filling up with smoke!" to "This is disgusting, can't breath, never seen it so bad inside the house, need to do something, it is killing us."

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.

Last year grass-burning farmers released more than 785 tons of microscopic pollutants into the air, including concentrations of polycyclic aromatic hydrocarbons (PAHs), proven carcinogens, the complaint states.

According to Berman, the complaints and health risks of grass burning can be avoided. "Idaho grass farmers are the last to abandon this outmoded and completely unnecessary clearing method," Berman added. "Grass farmers in states with a burning ban have thrived using other farming techniques, and Idaho farmers can follow suit."

Grass farmers in Washington have increased the overall production of grass seed and the yields per acre since a strict burning ban was enacted in 1998, according to the suit. Farmers in Washington and Oregon use other techniques to remove grass residue from the fields, including tilling, needle nose or rotary raking, crewcut vacuuming and bailing.

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.

# # #

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.

Contact
Ashley Klann
[email protected]
206-268-9363