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Pesticide Pub. Policy Found. v. Wauconda, Village of

Citation: 17 ELR 21174
No. No. 63297, 510 N.E.2d 858/26 ERC 1296/117 Ill. 2d 107, (Ill., 06/16/1987)

The court holds that Wauconda, a non-home-rule village in Illinois, has the power to enact ordinances to protect the health and safety of its community under state law, but that its ordinance regulating pesticide applicators is preempted by the Illinois Pesticide Act and the Structural Pest Control Act. Wauconda's ordinance imposed restrictions on the use and application of pesticides more stringent than those set by state law, including a ban on aerial "fogging." The court first holds that Wauconda's power to enact ordinances is limited by Dillon's Rule, and that the state must specifically permit the village to enact such an ordinance. The court holds that a state law authorizing local authorities to lessen or prevent air contamination is not sufficient to uphold the ordinance, since in addition to restrictions on outdoor use, the ordinance also regulates indoor pesticide use and pesticide use in lakes. The court next holds that a state law permitting local authorities to protect public health and welfare is sufficiently broad to support the ordinance. The court also holds, the Pesticide Act and the Pest Control Act, which govern the labeling, distribution and use, and set minimum standards for the selection, formulation, and application of pesticides, preempt the local ordinance. The state scheme comprehensively occupiesthe field of pesticide regulation, implying that there is no room for local regulation. Moreover, the Pesticide Act indicates that the state legislature is intent to create a uniform statewide scheme of pesticide regulation, which would be frustrated by additional local requirements.

Counsel for Appellants
Peter M. Rosenthal
Ancel, Glink, Diamond, Murphy & Cope
Suite 2800, 180 N. LaSalle St., Chicago IL 60601
(312) 782-7606

Counsel for Appellee
Gerald L. Angst
Sidley & Austin
One First Nat'l Plaza, Chicago IL 60603
(312) 853-7000

Justice GOLDENHERSH took no part in the consideration or decision of this case.