Maryland Court of Special Appeals Overturns Lower Court, Finding Pesticide Ordinance Is Not Preempted by State Law

Sprayer in field. Image by United Soybean Board

This is not a substitute for legal advice.

            In 2015, the Montgomery County Council passed a bill prohibiting the use of certain pesticides on private and county-owned properties.  The law limited the use of pesticides registered with the Maryland Department of Agriculture (MDA), allowing pesticides listed by the county for non-essential cosmetic purposes, and exempting agricultural applications.  In 2017, the Montgomery County circuit court found that Maryland state law preempted the ordinance; click here to see my overview of this ruling.  The Court of Special Appeals of Maryland recently issued an opinion overruling the circuit court.  The Court of Special Appeals found that federal and state laws in Montgomery County v. Complete Lawn Care, Inc. do not preempt the ordinance.

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