If you rear-end a school bus, would you demand a jury trial?
Maybe not. But you’re not the owners of TWO outdoor wood boilers accused of smoking out a neighborhood and school.
On Jan 31, the attorney for the owners filed a “demand” for a jury trial.
Jason Gazewood, Esq, is the defense attorney for the husband and wife who in 2008 installed two outdoor wood boilers across the street from Woodriver Elementary School.
Can the Alaska Attorney General’s office, representing Alaska DEC, convince a jury that the defendants’ smoke caused a nuisance in violation of state law and must be shut down?
The smoke started in 2008. When will it stop?
Today, Feb 1, Judge Michael MacDonald recused himself from the case which was then reassigned to Judge Robert Downes.
>> Link: CourtView – search for Case 4FA-13-01205CI, defendants – Andrew and Gloria Straughn
>> Link: State seeks court order to shut down two outdoor wood boilers next to Woodriver Elementary FDNM 2/1/2013
As well as more coughs, colds, lung diseases and middle ear infections, kKids exposed to the toxic pollutants in woodsmoke have lower IQ, increased risk of behavioral problems, and may earn hundreds of thousands of dollars less in their lifetime.
If I had a kid at that school, I’d consider personally suing the OWB owners for the damage they are doing.
Enough to give OWB owners pause, you think?
Why did the judge recuse himself? Is he an investor? Has anyone done any air quality measurements on the OWB?
Or could the judge have a grandchild at Woodriver? The process requires recusal but not disclosure of why. State regulations limits visible emissions only on Air Quality Advisory days. To violate on an AQA day, wood smoke has to exceed 50% opacity for more than 15 minutes in an hour. That was frequently the case with these OWBs. State law has no other measurements, such as sampling PM 2.5 at the chimney top, for PM 2.5. DEC mostly gauged the nuisance effects on those nearby as indicated by their complaints. Is an asthma attack a nuisance? How about 4 in one day? Anyway, DEC took its time compiling the record of nuisance effects and may not have used the 50% opacity rule.
Public schools have “no-smoking” policies for a reason: to prevent children from being exposed to secondhand smoke. (that includes the outdoor school playground lot also)
Well then, case closed. The boilers must be shut down, because they violate the law against secondhand smoke. (by the way, wood smoke is far more toxic than secondhand tobacco smoke)
Good point about schools being no smoking zones. And also about the relative toxicity of wood smoke vs cigarette smoke. See earlier post https://cleanairfairbanks.wordpress.com/2012/02/04/dr-oz-woodsmoke-much-more-carcinogenic-than-cigarette-smoke
At Woodriver they had a fire drill but the smoke was so bad from the boilers, a teacher was asked by one of her students, “Is it real?” This was given as public testimony to the Assembly 1/27/2011.
2/6/13 at 7:55am the Straughns were burning both boilers again. It has been so nice to breathe clean air for the last few weeks. Apparently, that time is over.
Those two outdoor boilers are at it again this morning across from Woodriver School, and their owners must be trying to “get even” with the neighborhood for inconveniencing them. Want to know what inconvenience really is? The foul stench emitting from them is especially noxious today, and reminds one of burning garbage. Even inside our house with the doors and windows shut tight, my eyes are burning. My poor wife has suffered with nosebleeds this winter, and there’s no doubt the Straughn’s smoke is what causes them. One can only assume that these selfish, awful people are bullies, as they’ve left no doubt they care about no one but themselves. Shame on them.