Hearing scheduled to challenge Montgomery County pesticide ban

On May 17 at 9:30 a.m., the Circuit Court for Montgomery County will hear oral arguments challenging part of bill 52-14, which prohibits the use of certain “cosmetic” pesticides on private lawns and is scheduled to go into effect on January 1, 2018. Although golf received an exemption from this ban, the industry still needs to have a bead on such legislation that bans products that are otherwise approved by the EPA for labeled use.

The hearing is expected to last about 1.5 hours, and Judge Terrence McGann will hear arguments. The plaintiffs include six local businesses and seven residents. On January 18, the judge ordered that this case be consolidated with a similar case filed by Scotts, et al.

RISE (Responsible Industry for Sound Environment) has been organizing a grassroots effort to oppose this bill since the bill’s introduction back in 2015. While the bill was ultimately passed later that year, RISE has since been working with local stakeholders to challenge it.

The complaint put forward by the plaintiffs is that the bill is pre-empted by state law, which makes the ban illegal. Likewise, the plaintiffs cite that this bill, if it were to go in to effect, could damage homeowners, state-certified pesticide applicators, small businesses and their employees, and others who have depended on these pesticides to maintain healthy lawns and control insect and weed pests.

Maryland law comprehensively regulates the sale and use of pesticides across the state, and the pesticides banned in bill 52-14 have been licensed and approved by state regulators. Furthermore, the Montgomery County Council passed this bill despite having been advised by the Office of the Maryland Attorney General that the ban was likely preempted by state law.

RISE advises that, while appearing in the court room is different than appearing in a county hearing, it is important that concerned parties have a strong and visible presence of residents and businesses in the courtroom to support the plaintiffs. The County Circuit Courthouse is located at 50 Maryland Avenue, across from the County Council Building and next to the Executive Building in downtown Rockville. Judge McGann’s courtroom is 8C on the 8^th floor of the North Tower of the courthouse.

Depending on the court’s schedule, a decision on the case is expected sometime in August.