Jump to Navigation
Jump to Content

Montgomery, County of v. Complete Lawn Care, Inc.

ELR Citation: 49 ELR 20075
Nos. 1203, (Md. Ct. Spec. App., 05/02/2019)

A state appellate court reversed a lower court ruling that struck down a county ordinance banning the use of certain pesticides for cosmetic purposes throughout the county. The lower court concluded the ordinance was preempted by state law, which allowed the sale of pesticides and the use of it on farmland, golf courses, and gardens. The appellate court, however, found that the state legislature did not intend to preempt the entire field of pesticide regulation and thus that the county's citizens were not powerless to restrict the use of certain toxins that have long been recognized as "economic poisons" and pose risks to public health and the environment. It therefore reversed the lower court ruling.