Town of Orford v. New Hampshire Air Resources Commission

The plaintiffs challenge the validity of two administrative rules of the New Hampshire Air Resources Commis*540sion prohibiting the open burning of waste. After a hearing before a Master (Robert E. Hinchey, Esq.), the Trial Court (Hollman, J.) (DiClerico, J., on supplemental order) upheld the rules. We vacate the court’s order and dismiss the action, on the ground that the plaintiffs failed to prove the existence of a justiciable controversy.

The plaintiffs are eight New Hampshire towns with populations of fewer than 1000. Each town traditionally has used open-burning dumps as a means of disposing…