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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
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.
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 Enviromental Conservation (DEC)
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 Setteled
Nebraska:(Cite as 4 Neb. App. 742, *749, 550 N.W.2d 49, **54)
nuisance action for injuries from smoke from wood-burning stove, neighbors were entitled to $4,000 in damages where evidence established that they had suffered significant physical discomfort.
{3] …On the other hand, aside form the simple right to use their property as they wish, it is difficult to assign any particular social value to the Greves' wood-burning stove. This method of heating does save on fossil fuels, but assuming that the stove used by the Greves emits foul smelling smoke, society is certainly blessed if only a few people avail themselves of the opportunity to save fuel by using such stoves. The Greves could avoid invading the Thomsens' property by using other means of heating.
COURT OF COMMON PLEAS OF MONTGOMERY COUNTY, PENNSYLVANIA
February 1998, it is hereby ORDERED AND DECREED that the defendants are permanently enjoined from using their woodburning stove.
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."