Idaho Department of Health & Welfare v. Southfork Lumber Co.

TROUT, Justice. .

I

BACKGROUND AND PRIOR PROCEEDINGS

This action began as an effort by the appellant Department of Health and Welfare (Department) to regulate the construction and operation of a wigwam burner by respondent Southfork Lumber Company (Southfork). After those efforts were unsuccessful the Department brought suit against Southfork seeking injunctive relief, civil penalties and expenses pursuant to Title 39, Chapter 1 of the Idaho Code, the Idaho Environmental Protection and Health Act (EPHA).

In June, 1989, the trial court entered an injunction enjoining further construction or…