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AMERICAN LUNG ASS'N v. STATE, DEPT. OF AGRICULTURE

No. 31842.

130 P.3d 1082 (2006)

142 Idaho 544

The AMERICAN LUNG ASSOCIATION OF IDAHO/NEVADA, a non-profit corporation, Safe Air for Everyone, aka "Safe", a non-profit corporation, and the Idaho Conservation League, a non-profit corporation, Petitioners-Appellants, v. STATE of Idaho, DEPARTMENT OF AGRICULTURE, Respondent.

Supreme Court of Idaho, Boise, February 2006 Term.

February 22, 2006.

Attorney(s) appearing for the Case

Bradford M. Purdy, Boise, for appellants.

Hon. Lawrence G. Wasden, Attorney General, Boise, for respondent. Clay R. Smith argued.

EISMANN, Justice.

This is an administrative appeal challenging the 2004 determination by the Director of the Department of Agriculture that there are no economically viable alternatives to field burning. The Department alleges that this case is moot due to the Petitioners' failure to challenge the 2005 determination upholding field burning. We hold that this case is not moot and that the Director's determination was not arbitrary, capricious, or an abuse of discretion...

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