Court of Appeals: backfire was "discretionary function"

On the Spade fire in 2000 in the Bitterroot Valley south of Missoula, Montana, firefighters ignited a backfire in order to keep the fire from jumping a highway and possibly entrapping firefighters on other fires and threatening other homes and property. In 2002, 114 families filed a $54 million lawsuit against the federal government claiming that the backfire burned their property and homes.

In a very important decision that will affect wildland firefighters, a Court of Appeals just affirmed a District Court judge's opinion that the actions of the firefighters was within their "discretionary function". More information is at The Missoulian.