American Lung Ass'n v. State, Department of Agriculture

Summary

The Idaho Supreme Court reviewed a challenge to the Idaho Department of Agriculture Director’s 2004 determination that no economically viable alternatives to field burning existed. The court held that the appeal was not moot despite a subsequent 2005 determination and concluded that the Director’s determination was not arbitrary or capricious. The court affirmed the determination and awarded costs on appeal to the respondent.

Holdings

1. The appeal was not moot merely because the Director issued a later determination upholding field burning and Petitioners did not appeal that later determination.
2. The Director's determination that no economically viable alternatives to field burning existed was not arbitrary or capricious and was affirmed.

Questions Presented

1. Whether the appeal from the Director's 2004 determination was moot because the Director issued a subsequent 2005 determination and Petitioners did not separately appeal that determination.
2. Whether the Director's determination that no economically viable alternatives to field burning existed was arbitrary or capricious.

Disposition

affirmed