#pesticideordinance

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Welcome to the Maryland Risk Management Education Blog, provided by the University of Maryland Department of Agricultural and Resource Economics. This blog provides readers with information on risk management issues important to Maryland agriculture, upcoming events, and new materials that may interest readers.

Maryland Court of Special Appeals Finds Pesticide Ordinance Is Not Preempted

Paul Goeringer

Jul 9, 2019
4 min

Maryland Court of Special Appeals Finds Pesticide Ordinance Is Not Preempted

This is not a substitute for legal advice. See here for the site’s reposting policy. 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

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Montgomery County Circuit Court Rules That County Pesticide Ordinance Preempted By State Law

Paul Goeringer

Sep 20, 2017
3 min

Montgomery County Circuit Court Rules That County Pesticide Ordinance Preempted By State Law

This is not a substitute for legal advice. See here for the site’s reposting policy. In 2015, the Montgomery County Council passed a bill prohibiting the use of certain pesticides on private and county-owned properties. The bill limited the use of pesticides registered with the Maryland Department of Agriculture (MDA), only allowing pesticides listed by the county for non-essential cosmetic purposes. The bill exempts agricultural applications. The court found that Marylan

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Federal Court of Appeals Upholds Preemption of Local Pesticide Ordinance

Paul Goeringer

Nov 30, 2016
2 min

Federal Court of Appeals Upholds Preemption of Local Pesticide Ordinance

This post is not legal advice As 2016 draws to a close, I wanted to make sure to take the opportunity to write on issues in the state of Hawaii. In the past, I have written posts on those Hawaii counties looking to ban pesticide applications or GMOs. Major seed companies, like Syngenta and Monsanto, look to Hawaii because of the climate. Recently, the Ninth Circuit Court of Appeals affirmed the federal district court’s invalidation of Kauai County’s ordinance regulating GM

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A Look at Montgomery County’s Proposed Restrictions on Pesticide Use: What Exactly is Preemption?

Paul Goeringer

Mar 15, 2015
4 min

A Look at Montgomery County’s Proposed Restrictions on Pesticide Use: What Exactly is Preemption?

This post should not be construed as legal advice. Many local governments may see holes in Federal and state laws and decide to implement local ordinances to fix these holes. But although local governments may have the best intentions when implementing such ordinances, these ordinances may not be valid due to something known as preemption. One such example is currently being debated in a Maryland county. In October 2014, Montgomery County proposed a county ordinance which c

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Paul Goeringer

Mar 13, 2015
2 min

Weekly News Update for March 13

Good Friday morning everyone (or Saturday morning if you are getting this by email). Below are a couple of items you might find useful: New ALEI Publication Released – Ashley Newhall and Paul Goeringer have finalized a publication giving a general overview of business organization structures typically utilized in agricultural businesses. This information can be helpful to those new producers looking to start their first farm. The publication is titled Using a Business Orga

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