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Beveridge & Diamond Wins Preemption Case Regarding Local Pesticides Ban
Author: Anthony L. Michaels
August 3, 2017

Today, the Circuit Court of Montgomery County, Maryland, issued an important preemption decision.  The court invalidated a County ordinance banning pesticide use on private lawns as preempted by State law.  This adds to a growing body of cases finding that localities in various states lack the authority to impose their own local pesticide requirements that effectively “veto” the comprehensive review and approval processes already in place for these products at the state and federal levels.  The decision is of particular importance due to the size of Montgomery County, which drew significant attention with its ordinance.