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An Idaho 9th Circuit Court of Appeals ruling in May clarifies that the state cannot allow field burning this year. “We are relieved. We certainly thought that the decision was clear when it was issued in January,” said Patti Gora, Safe Air for Everyone executive director. “With the ensuing developments it’s good to have the reaffirmation.” Others however, aren’t certain the ruling prohibits burning. “It opened up more question marks than anything else,” said Linda Clovis, director of the North Idaho Farmers Association. “It’s more confusing than if they’d done nothing.” The court-issued clarification of its January ruling vacated Environmental Protection Agency approval of provisions allowing field burning in Idaho. According to the court, legal approval would have required the state to prove field burning met Clean Air Act requirements, which the state did not do. After the first ruling the state suspended burning, until EPA officials said their interpretation of the decision did not prohibit the state from issuing burn permits. SAFE asked the court for a clarification, resulting in the ruling in May. Attorneys for the Idaho Department of Environmental Quality, Office of the Governor and the U.S. Department of Justice are reviewing the ruling. Source: www.bonnercountydailybee.com
An Idaho 9th Circuit Court of Appeals ruling in May clarifies that the state cannot allow field burning this year.
“We are relieved. We certainly thought that the decision was clear when it was issued in January,” said Patti Gora, Safe Air for Everyone executive director. “With the ensuing developments it’s good to have the reaffirmation.”
Others however, aren’t certain the ruling prohibits burning.
“It opened up more question marks than anything else,” said Linda Clovis, director of the North Idaho Farmers Association.
“It’s more confusing than if they’d done nothing.”
The court-issued clarification of its January ruling vacated Environmental Protection Agency approval of provisions allowing field burning in Idaho. According to the court, legal approval would have required the state to prove field burning met Clean Air Act requirements, which the state did not do.
After the first ruling the state suspended burning, until EPA officials said their interpretation of the decision did not prohibit the state from issuing burn permits.
SAFE asked the court for a clarification, resulting in the ruling in May.
Attorneys for the Idaho Department of Environmental Quality, Office of the Governor and the U.S. Department of Justice are reviewing the ruling.
Source: www.bonnercountydailybee.com
Francisco Uviña, University of New Mexico
Hardscape Oasis in Litchfield Park
Ash Nochian, Ph.D. Landscape Architect
November 12th, 2025
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