HomeMy WebLinkAbout013-R-172/1 /2017
13-R-17
A RESOLUTION
Urging the State of Illinois to Repeal Preemption of Local
Regulation of Pesticides
WHEREAS, The City of Evanston in March 2016 issued a proclamation
advocating for monarch butterflies and committing the City to take steps toward a
healthy environment for pollinators, including planting more milkweed and encouraging
pollinator gardens on public and private properties; and
WHEREAS, The City of Evanston has moved away from the use of
synthetic pesticides and herbicides on the properties it manages, other than
neonicotinoids to control emerald ash borer; and
WHEREAS, Evanston residents also have been advocating to encourage
pollinator and bird habitats and to discourage the use of synthetic pesticides on private
property; and
WHEREAS, In 1983, the State of Illinois adopted an amendment to the
Illinois Pesticide Act of 1979, 415 ILCS 60/1 et seq., that prohibits local governments
from regulating the registration, purchase, use, storage and disposal of pesticides; and
WHEREAS, In 1991, the United States Supreme Court ruled that, absent
state law to the contrary such as exists in Illinois, federal pesticide law does not preempt
local regulations of pesticides (Wisconsin Public Intervenor, et al., Petitioners v. Ralph
Mortier, 501 U.S. 597); and
WHEREAS, In Wisconsin Public Intervenor, the U.S. Supreme Court held
13-R-17
that the federal statute that governs the registration, distribution, sale and use of
pesticides in the United States, Federal Insecticide, Fungicide, Rodenticide Act (FIFRA),
7 U.S.C. 6 §136 et seq., leaves local regulation of pesticides in the hands of local
authorities; and
WHEREAS, the 1983 Illinois law expressly prohibits local ordinances
regulating pesticides, thus making the aforementioned 1991 United States Supreme
Court decision not applicable in Illinois,
NOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
EVANSTON, COOK COUNTY, ILLINOIS:
SECTION 1: The City of Evanston urges the General Assembly of the
State of Illinois to repeal the preemption of local government regulation of pesticides.
SECTION 2: The City of Evanston supports an amendment to the Illinois
Pesticide Act to provide for the right of local home rule governments to adopt pesticide
regulations that are more restrictive than State law.
SECTION 3: Resolution 13-R-17 shall be in full force and effect from and
after its passage and approval, in the manner provided by law.
Attes
Rodney Greee, City Clerk
Adopted: V tkXQ4U- j 2017
Eliza'b4th B. Tisdahl, Mayor
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