qy Court Cases
top-navigationtop-navigationtop-navigationtop-navigationtop-navigationtop-navigationtop-navigationtop-navigation
Legal: Court Cases, etc.

Court Rulings against wood burners.

Quebec 2010

Winning Small Claims Court Case in Quebec

Michigan 2009

Judge prohibits outdoor wood boiler in Jackson, MI

Ontario 2008

Deumo v. Fitzpatrick - Reason for Judgement

Ontario 2008

Scott v. Pike

.. an interlocutory injunction preventing the defendants from operating the outdoor wood-fired boiler (OWB) located on the defendants' residential property.

Pennsylvania 1998

Court of Common1 Pleas of Montgomery County, Pennsylvania: February 1998, it is hereby ORDERED AND DECREED that the defendants are permanently enjoined from using their wood­burning stove.

Nebraska 1997

Neighbors brought nuisance action against owners of wood-burning stove. The District Court, Thurston County, Darvid D. Quist, J.k held that smoke from stove created nuisance, ordered abatement, and denied award of damages. Neighbors appealed and owners cross-appealed. The Court of Appeals, Hannon, J.k held that: (1) smoke constituted a private nuisance; (2) neighbors were entitled to award of damages from appellate court; and (3 abatement order would be modified to require effective abatement.

Oregon 1992

Court of Appeals - REAM v. Keen. [BI Editor: Particularly interesting because the court found that wood smoke invasion was trespass. Unfortunately, we have not found the text of this ruling. Most people seem to go to on the basis of nuisance. I would be interested to know why they do not pursue trespass.]

 

Legislative Testimony

Connecticut 2009

March 6, 2009 testimony before Connecticut Legislature on HB6616 An Act Establishing Wood Smoke to be a Public Nuisance.

Health Department Rulings against wood burners.

British Columbia 2008

The Medical Health Officer, Interior Health Authority. Kamloops, BC orders owner of an outdoor wood boiler to "cease operation of the outdoor boilers at the above address, regardless of purpose". BC Order pdf (351 KB)

Wood Smoke and the Americans With Disabilities Act (ADA): Successful ADA Complaint Leads to Permanent Open Burning Ban: Iowa, 1996

This case protected a 2 year old child

 


FAIR USE NOTICE for this site.


International Governmental Policies for Fine Particulate and Climate Change


Public Announcement Issued in Support of the Right to Speak Freely about Being Polluted by Wood Smoke:

SAHELIAN & ASSOCIATES, A Professional Law Corporation, Laguna Hills, CA 92653


Researcher David Brown is threatened by Central Boiler as CB tries to squelch science of wood smoke pollution.


Supreme Court of Iowa: No. 192 / 96-2276 Filed September 23, 1998

In this appeal we are asked to decide whether a statutory immunity from nuisance suits results in a taking of private property for public use without just compensation in violation of federal and Iowa constitutional provisions. We think it does. We therefore reverse a district court ruling holding otherwise and remand. In doing so, we need not reach a second constitutional challenge.


Outdoor Fireplace: Chiminea Case: 2004 News article from The Citizen, Auburn, New York.

Volunteer firefighter  would not stop burning causing smoke injury to a family downwind.  He is arrested and fined. Victim was supported by the Department of Environmental Conservation (DEC). Legislation is proposed that would allow fire department officials to order a resident to extinguish the fire if a neighbor objects to it.


New York State Department of Environmental Conservation (DEC)


Excerpts From Constitution of Massachusetts.

The people shall have the right to clean air and water, freedom from excessive and unnecessary noise, and the natural, scenic, historic, and esthetic qualities of their environment;and the protection of the people in their right to the conservation, development and utilization of the agricultural, mineral, forest, water, air and other natural resources is hereby declared to be a public purpose.


Can we treat wood smoke pollution as battery?

Here are 2 cases: tobacco smoke, and perfume scents.


Leroy Pletton: Legal Air Rights Research


Orange County Case for Smoke Damages From Wood Burning is Settled


Environmental Terrorism: Welcome to the Trenches, 2003

by L. Backus, B.A., Historical Studies, M.A. candidate, E. Backus, B.S., Health Science/Respiratory Therapy

"More and more people are getting fumed and smoked out of their homes every day. Their neighbors are depriving them of a fundamental human right -- the right to breathe reasonably fresh air. This is one of those rights that you will never really appreciate until you lose it."

 © 2007 Clean Air Revival   Home page at  http://BurningIssues.org