ELR Citation: ELR 21245
No(s). 89-2141 (6th Cir. Aug 1, 1990)

The court holds that a Michigan village ordinance imposing registration, posting, and notice requirements for commercial pesticides is implicitly preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). That FIFRA does not expressly preempt the village ordinance does not necessarily create a gap for state or local pesticide regulation. The legislative history of FIFRA demonstrates that Congress intended to preempt state and local regulation of pesticides when it amended the law in 1972 and transformed FIFRA from a pesticide labeling statute to a comprehensive regulatory scheme. Congress intentionally withholds authority from state and local governments in the field of pesticide regulation. The court concludes that local regulations supplementing FIFRA would undermine its comprehensiveness.

Counsel for Plaintiff/Appellee
Joseph Lonardo
Vorys, Sater, Seymour & Pease
52 E. Gay St., P.O. Box 1008, Columbus OH 43216-1008
(614) 464-6400

Counsel for Defendant/Appellant
Patty A. Goldman
Public Citizens Litigation Group
2000 P St. NW, Ste. 700, Washington DC 20036
(202) 785-3704

Before: MILBURN and NELSON, Circuit Judges; and ENGEL, Senior Circuit Judge.