Legal Avenues to Combat Residential Wood-Burning

Individuals can report local open-burning or OWB law violations to local authorities.  Unfortunately, many local governments do not regulate emissions, and the majority of the existing regulations affecting residential wood-burning can be difficult to enforce and offer little recourse to those impacted by wood smoke.  Initiating a private nuisance lawsuit is one avenue available to a citizen suffering from exposure to a neighbor’s wood smoke.  Litigation, however, can be cost prohibitive and time consuming, but the remedies available for a nuisance lawsuit may assist individuals in avoiding the harmful effects of wood smoke or be required to limit emissions in some way.  Specifically, in the event of a successful nuisance showing, an injunction can be issued by the court, which means the wood-burning defendant would be ordered to cease open-burning or operation of a wood heater.  If wood smoke greatly affects your community, work with others to change local policy regarding residential wood-burning.

Legal Disclaimer

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Clean Air Council and the user or browser.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s