Justices let field-burning law stand

BOISE – The U.S. Supreme Court declined Tuesday to review an Idaho law that protects North Idaho grass-seed growers from liability if they abide by certain field-burning limits.

The 2003 law, covering 10 North Idaho counties, grants immunity from damage claims to growers who register to burn their fields. They can burn only on days when regulators say wind conditions are favorable, and violations can be punished with $10,000 fines.

Steve Berman, a Seattle lawyer in a lawsuit known as Moon v. North Idaho Farmers Association, had wanted the Idaho law declared unconstitutional. Berman argued it violates property rights, because smoke from burning grass diminishes owners’ enjoyment of their homes and property.

Phone calls to Berman at his Seattle office weren’t immediately returned Tuesday.

The high court’s decision lets stand an Idaho Supreme Court ruling last August to uphold the law.

Lawyers for Kentucky bluegrass farmers targeted by Berman’s lawsuit say this is just what they wanted.

“As long as the farmer complies with the law, a court can’t step in and enjoin a farmer from agricultural field burning,” said Peter Erbland, a Coeur d’Alene attorney for 50 grass growers targeted by Berman’s suit. “We believe the law protects the interests of the farmers – and of people who live in our community.”

There are fewer than 100 growers producing about $125 million worth of grass seed a year in Idaho. They contend there’s no evidence smoke from their fields differs from auto, wood stove, wildfire and other emissions that also pollute the air.

Opponents say it harms people’s health, especially those with respiratory ailments such as asthma.

They were disappointed by the Supreme Court’s refusal to review the claims. They say the Idaho burning law allows those setting their fields alight to encroach on the property rights of others without fear of legal repercussions.

“It creates an entirely new set of property laws,” said Patti Gora, director of Safe Air For Everyone, a Sandpoint-based group that opposes field burning.