Preemption Tension

On the latest episode of the Conduit Street Podcast, Michael Sanderson and Kevin Kinnally are joined by special guest Les Knapp, MACo's legal and policy counsel, to discuss the latest news and notes from Annapolis. This week we focus on two recent preemption decisions with major implications for county governments.First, in a victory for county governments, the Maryland Court of Appeals denied a petition to hear an appeal of a lower court decision finding that local governments are not impliedly preempted from regulating the use of pesticides. We discuss the significance of the decision.And in a disappointing decision for county governments, the Maryland Court of Appeals affirmed that the state can preempt local governments when granting approval for large scale solar and wind energy projects. We explain why this decision creates a great deal of uncertainty for county governments, as well as its impact on a 2017 MACo Legislative Initiative to ensure local governments have a role in determining the location of solar and other energy generation facilities.MACo has made the podcast available through both iTunes and Google Play Music by searching Conduit Street Podcast. You can also listen on our Conduit Street blog with a recap and link to the podcast.You can listen to previous episodes of the Conduit Street Podcast on our website.Useful LinksPrevious Conduit Street Coverage: No Local Preemption – Court of Appeals Declines to Hear Montgomery County Pesticide CasePrevious Conduit Street Coverage: Court of Appeals Agrees to Hear Solar Preemption CasePrevious Conduit Street Coverage: Solar Siting Preemption Case Now PrecedentHB 1350  - Public Service Commission - Application for Certificate of Public Convenience and Necessity - Consistency With Comprehensive Plan (2017)