Advice from Leroy Pletten, Air Rights Research: March 2003
Pure Air Precedents from year 1306: http://medicolegal.tripod.com/pureaircases.htm
I'm happy to support on the wood smoke issue.
Yes, the scientific research is conclusive.
Sadly, politicians often do not react in timely manner, example, scurvy,
prevention data was known about two centuries before governments cooperated,
People need to know their common law and constitutional rights to protection from this type damage, as per precedents dating back to the year 1306, http://medicolegal.tripod.com/pureaircases.htm .
Unfortunately, your diagnosis of how to proceed is pretty much on target --
the litigation route. Of course, the most efficient method would be a ban
on wood burning except with unanimous consent of all contiguous and affected
But lacking that type political will, suing is the only seemingly possible
Some people, already affected, might be able to circumvent
this, by going the anti-discrimination, Americans with disabilities
route -- file charge of discrimination, the city/county is not enforcing my
rights (a violation of the Shelley v Kramer concept,
http://medicolegal.tripod.com/blackstone.htm (gov't cannot constitutionally
help citizens violate other citizens rights). File to state Civil Rights
Dept, EEOC, etc.
This approach would likely be best, AFTER writing to the area authority
(city, county), asking it to take action to stop the pollution causing the
adverse impact on one's health. Once they refuse, in writing, then there is
evidence -- otherwise, the inaction/refusal is only verbal, hard to prove to
some court's satisfaction.
Yes, we have the vast number of precedents,
Once the State Civil Rights Dept, or Federal EEOC, takes the case, on
discrimination grounds, one would cite all these precedents, indicate --this
right is enforced for others, not for me, i.e., discrimination.
Civil Rights / EEOC system agencies are pretty much free to use. If it
agrees with the smoke-victim, it can file, at its expense, any needed