17
Aug
Montgomery County, MD Council Appeals Circuit Court Ruling Overturning Cosmetic Pesticides Ban
(Beyond Pesticides, August 17, 2017) Yesterday, the Montgomery County, Maryland County Council voted to direct the Office of the County Attorney to appeal a Circuit Court ruling issued early this month that overturned a law enacted by the Council in
2015, the Healthy Lawns Act, to restrict the use of lawn and landscape pesticides on private property. The lawsuit did not challenge the right of the county to restrict pesticides on its own property, county land.
The court ruling stated, “Maryland’s comprehensive program of pesticide regulation occupies the field of pesticide use and thus impliedly preempts the ordinance.†The court also held that the County’s ban on the application of certain pesticides on private property conflicted with Maryland law.
In October 2015, the Council enacted Bill 52-14, Pesticides – Notice Requirements – Cosmetic Pesticide Use Restrictions, which would have prohibited the use of certain registered pesticides on private property starting on January 1, 2018. The County is one of the few local jurisdictions to have such restrictions. The Council enacted this legislation with a focus on pesticides that included chemicals linked to the risk of developing cancer.
Complete Lawn Care, Inc., et al. v. Montgomery County invalidated certain provisions of Bill 52-14 because the Circuit Court found that County regulation of the use of pesticides on private property is preempted by state law.
“Our Council’s legal team advised us that the County would have a reasonable chance of prevailing in an appeal of the Circuit Court’s decision,†said Council President Roger Berliner, who also serves as chair of the Council’s Transportation, Infrastructure, Energy & Environment Committee.  “It is important that the Council is allowed to protect our community from the threat posed by pesticides on private lawns. Moreover, the broad scope of the court’s decision threatens our existing regulatory regime and other efforts short of a ban, even if the ban itself is ultimately deemed in direct conflict with state law. We have also been advised that an appeal will not carry significant costs, as the work involved can be absorbed as part of the Office of the County Attorney’s normal workload. Accordingly, my colleagues and I agree that an appeal is in the public interest.† The Annual County Health Rankings for Maryland has recognized Montgomery County as the “Healthiest County in Maryland†for the last four years. The County is often at the forefront of initiatives that enhance public health like the cosmetic pesticides ban.
“I am delighted that the Council is appealing the Circuit Court ruling on the pesticides ban,†said Councilmember George Leventhal, who was the lead sponsor of Bill 52-14 and serves as chair of the Council’s Health and Human Services Committee. “Studies have linked numerous chemicals found in lawn pesticides to cancer and other serious health conditions. The Council sits as the Board of Health, but the court has ruled that we are preempted from protecting our residents from this health threat. This sets a worrisome precedent that should be overturned.â€
County law provides that the Council is, and may act as, the County Board of Health. In this capacity, the Council may adopt any regulation which a local board of health is authorized to adopt. “With Trump’s EPA protecting the interests of chemical companies instead of our residents, it is more important than ever that local communities take action to ensure that our children are not exposed to hazardous chemicals,†said Council Vice President Hans Riemer. “This decision takes that right away from us and should be overturned.â€
“Too many people believe that because a pesticide is allowed for use by the federal government and by the state, then it must be safe,†said Councilmember Marc Elrich. “Yet scientists, medical researchers and physicians advocate for great caution when using pesticides. Pesticide use simply is not necessary on lawns – it is not good for the environment, our children or even our pets. It is important that we appeal this decision.â€
“I was disappointed with the recent Circuit Court decision that overruled the ban on certain pesticides in the County, but I am pleased that the Council is appealing this ruling,†said Councilmember Nancy Floreen. “Having battled breast cancer myself, I am particularly sensitive to the need to limit our exposure to toxic chemicals. I am concerned with the public’s health and welfare, and that all residents, particularly our children, stand to benefit from reduced exposure to pesticides.â€
“While I was disappointed with the Circuit Court’s ruling, I am pleased that the Council will be appealing this decision,†said Councilmember Nancy Navarro. “I have received hundreds of emails from constituents in just the last few days, and there is nearly unanimous support for an appeal. The County’s leadership with regard to local health and environmental policies has been a great source of pride for our residents. It is important that the Council be able to act in the best interest of County residents by ensuring we maintain our high standards for quality of life.â€
Enacted Bill 52-14 can be viewed at:
http://www.montgomerycountymd.gov/COUNCIL/Resources/Files/bill/2014/20151006_52-14.pdf .
Contact:Â Â
Sonya Healy
240-777-7926, [email protected]









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inue its food uses. [The bill is currently co-sponsored by Senators Cory Booker (D-NJ), Ben Cardin (D-MD), Richard Durbin (D-IL), Kirsten Gillibrand (D-NY), Kamala Harris (D-CA), Ed Markey (D-MA), and Jeff Merkley (D-OR).]
its efforts to hide information about impacts of its popular glyphosate-based herbicide, Roundup. This follows on the heels of the March 2017 unsealing, by federal judge Vince Chhabria, of internal Monsanto documents — the “
these numbers may seem to be a positive sign after over a decade of consistent pollinator declines, they are more indicative of a beekeeping industry that is using every available tactic possible to stay viable. With the continued use of highly toxic neonicotinoid insecticides in farms, gardens, and public spaces throughout the country, the long-term health honey bees and other pollinators continue to be in jeopardy.
chemical used in genetically engineered (GE) fields. Dicamba, a toxic pesticide prone to drift off the target site, has been used in agriculture for decades. However, new GE crops developed by Monsanto must be paired with specific formulations of dicamba, and until now many believed these drift incidents were the result of illegal formulations of dicamba being applied to fields. But the extent of damage now being observed, covering over 2.5 million acres, is casting doubt on this theory, and raising more questions as to whether the new dicamba formulation is actually the cause of the widespread drift damage.
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Grassroots advocates who supported passage of the Healthy Lawns Act to protect children, families and the environment are dismayed by the court’s ruling, but nevertheless vow to keep up the fight for protections from hazardous pesticides used in their community. “The court should have recognized that, in restricting lawn pesticides throughout its jurisdiction, Montgomery County is exercising a local democratic principle under Maryland and federal law to ensure the safety of the community, including children, pets, and the environment, from a known hazard not adequately regulated by the U.S. Environmental Protection Agency or the state,†said Jay Feldman, executive director of Beyond Pesticides. “After extensive hearings and study, the county council understands that toxic chemicals are dangerous and not needed to have beautiful lawns and landscapes,†Mr. Feldman said.
(Beyond Pesticides, August 3, 2017) Working in close contact with pesticides over the course of one’s lifetime increases the risk of Chronic Obstructive Pulmonary Disease (COPD) and other breathing disorders, according to a
Masarinae are the only “vegetarian†wasp in the family Vespidae., They feed solely on nectar and pollen, unlike their more aggressive Vespid wasp cousins. There are 300 species of pollen wasp from 14 genera spread across the globe, however, in the U.S., all 14 species of pollen wasps originate from the genus Pseudomasaris.
industry and the federal government to conceal from the public the real dangers associated with the use and manufacture of chemical products. The Bioscience Resource Project and the Center for Media and Democracy released more than 200,000 pages of these documents now accessible on the “
growers, those same growers are threatened by the flooding of the market with cheaper fraudulent grains. The resulting impacts of eliminating market opportunities while at the same time threatening the value of the organic label hurt organic farmers in this country.
disrupting, industrial chemicals have been found in 10 varieties of macaroni and cheese products. The coalition is calling on food companies, especially the Kraft Heinz Company, maker of the iconic boxed mac and cheese, to eliminate sources of these chemicals from their cheese products.
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term, intensive glyphosate use, and myriad resulting concerns about impacts on soil and environmental health. The review, by Robert J. Kremer, PhD, of the University of Missouri School of Natural Resources, cites
South Florida scientist Jason Rohr, PhD and colleagues
