LEGAL ACTIONS AGAINST PRESCRIBED BURNS

On December 3, 2003, President Bush signed the Healthy Forests Restoration Act (HFRA) into law. The HFRA proposed several new rules intended to speed up Forest Service initiatives to "thin" federal forests by removing deadwood, underbrush, and densely packed younger trees. The act calls for thinning 2.5 million acres of federal forests a year for 10 years but does not mandate fire as the only method.

After the act became law, the U.S. Forest Service began burning thousands of acres each day and began allowing wildfires to burn themselves out causing massive air pollution across the country. Although permitted by the HFRA, prescribed burns and controlled burns are neither mandates nor legal authorities that give the U.S. Forest Service the authority to ignore pollution laws and recklessly disregard the effects on public health and human rights.

The fundamental right to breathe clean air is as basic as our right to free speech, and it cannot be put on the bargaining table. Once there, it ceases to be a human right and becomes nothing more than a human privilege that only the privileged and fortunate can afford. When we stand up for our environmental rights, we help make the world safer to live in and we help develop a more democratic and egalitarian society. It is time for a never seen before firmness in the environmental movement. We must be heard. Our environmental rights must be so clear and universally accepted that no one dare mention trading environmental rights for corporate profits, national convenience, or forest cleaning policies. It is up to you to restore clean air to your environment.

Those harming you can be held liable.

In spite of numerous citizen complaints of health related smoke problems from prescribed burn smoke, Forest Service officials have become more arrogant, non caring and continue burning thousands of acres daily knowing that their prescribed burn smoke will injure people. They even laugh and joke about it on their forestry blogs and forums. Fortunately, such a reckless disregard for human life can be compensated through civil and criminal prosecutions.

The right to breathe clean air is as fundamental as the right to freedom of speech. It is guaranteed by law and is enforceable. In 1998 the Iowa Supreme Court declared that government bodies do not have the right to allow burning that results in smoke crossing property lines. In addition, criminal negligence laws prohibit government employees from recklessly acting without reasonable caution and putting others at risk of injury or death while discharging their duties. Thus, government officials can be sued and prosecuted for injuring citizens while discharging their duties. If injured by prescribed burn smoke in your area, contact a personal injury attorney to seek compensation for damages and contact your local prosecutor to seek criminal restitution.