Lawsuit challenges pesticide ban

The Responsible Industry for a Sound Environment, six local businesses and seven residents of Montgomery County, Maryland, have filed a lawsuit challenging the passage of the county’s ban on pesticides.

The complaint is asking the Circuit Court to declare the ban illegal and preempted by state law.

The legislation, which is slated to go into effect Jan. 1., 2018, would prohibit the use of certain pesticides on lawns and require posting of notice for certain pesticides, among other regulations. The ban was passed in October of 2015 but lacks any enforcement provisions.

When the bill was being debated by the County Council, the Maryland Attorney General’s office, County Executive and members of the Council opined the law’s private property provisions were likely preempted by state law, according to RISE.

“Our nearly two-year challenge to the passage of Bill 52-14 continues with today’s court filing,” said RISE President Aaron Hobbs. “Along with impacted county businesses and residents, we know this law is preempted by state law and are seeking confirmation from the court.”

“Virtually everyone in the county will be affected by the private property lawn care ban with residents prohibited from treating their own properties with state-registered pesticides available from retailers, professionals left with virtually no pest solutions to treat residential and commercial lawns and turf, and retailers confused by a county law that unnecessarily differs from state law,” Hobbs added.

Maryland law comprehensively and uniformly regulates the registration, sale, and use of pesticides across the state. Uses of the pesticides that the ban would prohibit were already reviewed, licensed and approved by state regulators, RISE said.              

“The state’s existing pesticide statutes are administered by the Maryland Department of Agriculture and that’s a suite of several pesticide laws that are on the book and are preemptive,” said Karen Reardon, vice president of public affairs for RISE.

For more Lawn & Landscape coverage of the pesticide ban, click here.