Court Upholds County’s 2015 Pesticide Bill
A court ruling in Annapolis has reversed a local court and declared Montgomery County legislation that restricted certain lawn pesticides is legal.
The County Council had passed the pesticide bill in 2015.
In upholding the county’s pesticide ban, the Court of Special Appeals cited Rachel Carson’s “Silent Spring,” which documented adverse environmental effects from pesticides. Carson lived in Silver Spring when she wrote the book.
In a statement, County Executive Marc Elrich said: “This is about human safety. This is about the right thing to do. Some people have said if pesticides are harmful, federal and state legislators would have acted on this. That is not true. They have not acted on it, so we had to pass this law to protect our current and future generations. Now the courts have ruled that we had the right to do so.”
Elrich was a lead sponsor of the bill when he was a member of the County Council.
“This is a big win for our environment and the public health,” Councilmember Tom Hucker said. “It also affirms our County’s authority to protect our residents, especially our kids, from the harmful threats that pesticides and other environmental toxins can pose.”
Hucker, who chairs the council’s Transportation and Environment Committee, was one of the bill’s lead sponsors, along with Elrich and then-Councilmember George Leventhal.
The major provisions of the legislation prohibit the use of certain pesticides on lawns; prohibit the use of certain pesticides on playgrounds, children’s facilities and certain county-owned property; require the county to adopt an integrated pest management program for certain county-owned property; and require the Parks Department to take certain steps to reduce the use of certain pesticides.
The legislation acknowledges that certain pesticides can be useful in agriculture and when protecting some natural resources. The law does allow pesticides to be applied to farmland, golf courses and gardens, and does not prohibit their sale in the county.
After the bill passed, lawn care companies and residents filed a lawsuit contending that Montgomery County could not impose this law because it would be counter to state law regarding pesticide use.
The Court of Special Appeals, however, upheld the county’s ban on the application of certain pesticides on lawns, said:
“From 1958-1962, Rachel Carson wrote Silent Spring from her home in Silver Spring. Carson’s examination of the health impacts of DDT and other pesticides galvanized the public, and the next decade saw Congress enact a broad range of statutes that are foundational to modern environmental law. Montgomery County claims, in essence, that it is following in these footsteps, but we must determine whether it has done so consistently with State law.
“In 2015, the Montgomery County Council passed an ordinance restricting the use of certain pesticides for cosmetic purposes throughout the County. The Supreme Court held in 1991 that the principal federal law governing pesticides permits such local legislation. Wisconsin Public Intervenor v. Mortier, 501 U.S. 597 (1991). Here, we are asked to decide whether the County’s legislation is impliedly preempted or in conflict with Maryland’s Agriculture Article. We conclude that the ordinance does not run afoul of State law. Because the Circuit Court for Montgomery County found otherwise, we reverse both its injunction and declaratory judgment, and remand for an entry of a new declaratory judgment declaring the validity of the County ordinance.”
The Court of Special Appeals sent the case back to the Montgomery County Circuit Court, directing it to enter a judgment in the county’s favor. The court had ruled in favor of the plaintiffs in August 2017, calling the law an example of overreach by the county.
The Montgomery County Attorney is reviewing the effect of the decision from the Court of Special Appeals on the implementation of the law and will advise the Department of Environmental Protection on the timing of enforcement. Restrictions on the use of registered pesticides on private property were scheduled to take effect two years after the adoption of the law in order to give the County time to conduct extensive outreach and allow property owners to adjust their lawn care practices.
The court’s ruling can be read here.
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