Burning of crop residue outside Indian reservations has been prohibited in Idaho since January 2007, when the U.S. Circuit Court of Appeals ruled that the rules under which agricultural field burning and smoke management were regulated had been developed inappropriately. The ruling came about as a result of a lawsuit filed by Safe Air for Everyone (SAFE), a coalition of citizens and community leaders concerned about the health impacts of smoke from agricultural burning.

Prior to the ruling, agricultural field burning had been considered an allowable form of open burning in the state as long as it was conducted in accordance with Idaho's Smoke Management and Crop Residue Disposal Act and associated Rules for the Control of Air Pollution in Idaho (Sections 600-617) (pdf on Department of Administration web site).

In July 2007, Governor C.L. "Butch" Otter initiated negotiations to find a solution that would allow farmers in Idaho to conduct field burning and ensure protection of public health from smoke impacts. He put together a negotiating committee comprised of representatives of the Idaho Departments of Environmental Quality (DEQ) and Agriculture (ISDA), SAFE, and grass and grain growers to work out an agreement. The committee was led by noted negotiator Dr. Francis E. McGovern of the Duke University School of Law.

In December 2007, the negotiating committee reached an agreement to allow farmers to conduct field burning under closely controlled conditions. Shortly after, a negotiated rulemaking was initiated to develop statutory language and a temporary state rule to implement a crop residue burning program protective of public health. Agreement was reached in late-February. In March 2008, House Bill No. 557 was enacted to authorize open burning of crop residue under a new program that will be administered by DEQ (see details below). On March 12, the Board of Environmental Quality approved the temporary state rule.

Burning of crop residue remains prohibited until a revised State Implementation Plan (SIP) outlining the provisions of the new program is approved by EPA. DEQ developed a revised SIP, accepted public comment on the proposal April 2 to May 2, 2008, addressed comments received, and submitted the final revised SIP to EPA for review on May 28. If EPA approves, field burning could resume in late-summer or early-fall.