Barbecue Industry Sues to Block Ban on Charcoal Lighter Fluids

The Barbecue Industry Assn. filed suit Thursday to prevent implementation of a regulation that would ban the use of charcoal lighter fluids in the Southland.

The Los Angeles Superior Court suit seeks to nullify a new South Coast Air Quality Management District rule, effective Jan. 1, 1992, banning the sale of most charcoal lighter fluid products in Los Angeles, Orange, Riverside and San Bernardino counties.

The suit, filed by attorney Juli Wilson Marshall, alleges that the AQMD adopted the rule “without meaningful testing or even the development of a test.” The rule is also “arbitrary and capricious, and is not supported by the evidence,” the suit alleges.

AQMD spokesman Tom Eichhorn said the district had not seen the lawsuit but nevertheless remained “confident” that a legal challenge would fail. He acknowledged, however, that the lawsuit could delay the January implementation of the rule.

“The barbecue rule was based on more than a year’s analysis and more than six months worth of public workshops and input,” Eichhorn said. “It will dramatically reduce emissions from that source.”

If the ban is allowed, “thousands of consumers will likely turn to unsuitable substitutes, such as gasoline,” which could lead to an “extreme fire and safety hazard,” according to the lawsuit.

The barbecue industry also alleges that the AQMD standard was based on lighter fluid sales during the peak summer months, and therefore, does not adequately reflect the volume of product bought by area residents.

The Barbecue Industry Assn. also charges that the AQMD violated the California Environmental Quality Act by conducting only an environmental assessment report rather than a complete environmental impact report.