Landscapers taking Montclair to court over gas-powered leaf blower ban
MONTCLAIR, N.J. -- A new ordinance in Montclair is about to prohibit the use of gas-powered leaf blowers, but a group of landscapers and some residents are taking the township to court to stop it from going into effect.
Montclair is known for quaint homes and manicured lawns.
Landscapers usually compete against each other, but now they're banding together to fight an ordinance that would ban the use gas-powered leaf blowers by Oct. 16.
"It's going to be taxing on my men. They're not going to do it. They're just going to get to a point where they're so tired, they can't work," landscape company owner Dominick Caruso said.
Caruso's company invested in electric leaf blowers but says they can't do big jobs when leaves really start coming down.
"The run time is not there. The power is not there. We need the gas blowers to do it. The technology is not there. The industry is not ready for it," Caruso said. "This is not a fight against the green movement."
Caruso and 15 other landscape companies in town, as well as two residents, have filed a federal lawsuit against the township to stop the ordinance, saying under the Clean Air Act, the Environmental Protection Agency has jurisdiction and that landscapers shouldn't be singled out
"They really focused on the landscapers in these ordinances. They've given them two less hours each day that they can use their leaf blowers as compared to residents," said Roosevelt Nesmith, an attorney for the landscapers.
Montclair's mayor and Councilman Bob Russo say the ordinance reflects the feedback they've been getting from residents and the township wants to be in the forefront of being environmentally conscious.
Resident Oscar Perez says it's a good idea.
"If we're transferring everything to electric power like we are with vehicles and other gas-powered things, it would be smart and prudent to do with other things, such as leaf blowers that use gas," he said.
Caruso and other landscapers say they'll have to pass the bill on to their customers -- expected to go up by 300%.
"You can spend three or four hours on a house as it is. Now, you are going to spend 10, 15 hours," landscape company owner Bob Fredette said.
The group of landscapers will be in court Oct.12. They are seeking an emergency injunction to stop the ordinance from going into effect while the constitutional issues of the case are heard.