Plaintiffs’ attorneys have retooled a previous environmental lawsuit targeting the practice of pre-harvest burning by the sugar industry in southern Florida, this time arguing that resulting air pollution also heightens the risk of COVID-19 deaths.
The complaint filed in the U.S. Southern District of Florida against U.S. Sugar Corp. and eight other defendants on June 22 alleges that toxic smoke from the fires is linked to numerous health problems experienced by local residents, including respiratory illness, asthma, cancer and kidney disease. The Berman Law Group in Boca Raton and Hagens Berman Sobol Shapiro LLC of Seattle, Wash., filed the nearly 130-page lawsuit.
Many of the claims in a previous version of the lawsuit were dismissed with prejudice in May, though attorneys were allowed to amend and replead the case.
A statement by U.S. Sugar spokeswoman Judy Sanchez called the claims in this month’s complaint misleading and lacking merit.
“The second amended complaint, like the first two complaints in this case, makes blameless claims that only prolong this litigation designed to attack the hard-working people in the Glades communities who have lived, worked and raised their families in farming here for generations,” Sanchez said.
U.S. Sugar remains committed to its harvesting practices, which occur in tandem with air quality data collected by the state’s Department of Environmental Protection, she said. The system of limited controlled burns ensures the safety of those who live in nearby communities, despite what the company views as inconsistent and misleading arguments contained in the lawsuit, according to Sanchez.
“The fact is that our Glades communities enjoy some of the best air quality in all of Florida, and we will continue to defend our communities, our families and our future from these meritless claims,” she said.
Other defendants in the lawsuit did not respond to the Florida Record’s request for comment.
The lawsuit also refers to a recent Harvard University study that concluded a single microgram of particulate matter pollution per meter of air can result in an 8 percent rise in COVID-19 cases, in the event of long-term exposure. The plaintiffs say such particulate matter is a byproduct of pre-harvest burning, but critics such as the American Energy Alliance argue the study has not been peer-reviewed and has been disputed by some epidemiologists.
The sugar industry could engage in an alternative “green” harvesting technique in which leaves around the sugarcane stalks are used as a mulch, according to the lawsuit. Industry officials, however, have said there are currently no large-scale uses for the leaf materials that would remain after a harvest in southern Florida.