Arguments Heard in Montgomery County Lawn Care Ban Case

Arguments Heard in Montgomery County Lawn Care Ban Case

RISE tells court that the private property ban is preempted by state law.

May 19, 2017

WASHINGTON — RISE (Responsible Industry for a Sound Environment) along with six local businesses and seven residents, presented oral arguments today in the Circuit Court for Montgomery County, Maryland, asking the court to declare the law banning almost all lawn care product use on private property as illegal because it is preempted by state law. 

The lawsuit arises from the October 2015 adoption of Bill 52-14 which prohibits the use of widely available lawn and garden products on private and county property by residents and professionals. The law goes into effect on January 1, 2018, for private property, improperly banning the use of hundreds of state-licensed lawn care products on private property throughout the county, according to RISE. 

“Maryland law comprehensively and uniformly regulates the registration, sale, and use of pesticides across the state. The pesticide uses the ban would prohibit, were already reviewed, licensed and approved for use by state regulators,” said Aaron Hobbs, RISE president. 

“Today we were joined by more than 30 RISE members, county business owners and residents as we made our case that Montgomery County’s lawn care ban is preempted by state law. Those 30 people represented the hundreds of people that have been engaged with us on this issue for nearly four years – a true testament to the power of grassroots engagement and its impact. Now we await the court’s decision,” added Hobbs.