Attorneys from Hagens Berman and Berman Law Group are representing residents in a proposed class-action lawsuit against several major growers in southern Florida over alleged toxic smoke from sugarcane burning.

And they allege the growers took fewer precautions in poorer neighborhoods.

The complaint names as defendants Florida Crystals Corp., Sugar Cane Growers Cooperation of Florida, United States Sugar Corp., Okeelanta Corp., Osceola Farms Co., Sugarland Harvesting Co., Trucane Sugar Corp., Independent Harvesting Inc. and J&J Ag. Products Inc.

It alleges the major Florida sugarcane growers burned about 3.2 million acres between 2009 and 2019. It also claims those activities created a "hazard zone" as allegedly toxic smoke blanketed Belle Glade, Canal Point, Clewiston, Indiantown, Moore Haven, Pahokee and South Bay, covering houses and cars with soot and cane residue.

The people living here are among the poorest communities in Florida, according to the amended complaint.

But the growers deny endangering residents. They say the burns are part of safe agricultural practices that rid the land of debris to make way for new crops.

Now, U.S. District Judge Rodney Smith in the Southern District of Florida must decide whether to grant certification to three classes.

The amended complaint lists three proposed classes: a "battery class," for all residents in the areas "hardest hit by sugarcane burning;" a "medical monitoring class," for residents over the age of 40 who are allegedly at increased risk of cancer due to their exposure; and a "property owner class," for parties who own and suffered property damage within the hardest-hit areas.

The lawsuit alleges that the smoke from the millions of acres of burning sugarcane exposes residents to a wide range of pollutants, including particulate matter, dioxins, polycyclic aromatic hydrocarbons, volatile organic compounds, carbon monoxide, sulfur oxides, nitrogen oxides, ammonia, elemental carbon and organic carbon.

Alleged disparity

Steve Berman, the managing partner of Hagens Berman in its Seattle office, said the victims are primarily in two social-economic classes. Berman opined that there needs to be just as much scrutiny on the permits sugarcane growers are issued in southern Florida for the wealthier areas than those that are issued in the poorer areas.

Sugarcane field burns near Belle Glades.

But Gaston Cantens, vice president of the Florida Crystals Corp., said the amended complaint has no merit and is similar to the original lawsuit that the court dismissed.

"Florida Crystals, which is celebrating its 60th anniversary as a member of the Glades farming community, remains committed to safe harvesting practices under the program administered by the Florida Forest Service that authorizes prescribed burns statewide," Cantens said.

The defendants claimed the sugarcane burning cleared the fields of excess organic matter and made harvesting more efficient. A majority of the sugarcane burning has taken place in Palm Beach County.

'They acted with impunity'

But the amended complaint stated the communities most affected by the burning ring the southern shore of Lake Okeechobee.

For instance, those who live in the affluent eastern Palm Beach and eastern Martin counties have warnings from first responders when smoke is blown to their area, according to the  suit. However, it alleged that public health officials give little warning when the wind blows toward more impoverished areas, such as Hendry and Glades counties.

Read the amended class action complaint:

The amended complaint stated that pre-harvest burning is no longer necessary. It claimed the defendants viewed this method of farming as cheaper and more efficient. But plaintiffs argued that sugarcane growers worldwide have increasingly abandoned that method in favor of green harvesting or mulching their plant waste.

Berman is asking the court to hold the major Florida sugarcane growers accountable for alleged misconduct, especially in impoverished areas.

"These sugarcane owners know the smoke is toxic. They know it is going off their land to other people's land, and they acted with impunity," Berman said, "The takeaway is you can't do that to someone. Not in our country."