Riker Danzig achieved a victory in the Third Circuit Court of Appeals on December 23, 2024, for client Township of Montclair (“Montclair”), in a novel case regarding Montclair’s Ordinance banning the use of gas-powered leaf blowers, among other things, in Montclair. In GAIA Gardens, LLC., et al., v. Township of Montclair, 2024 U.S. App. LEXIS 32464 (3d Cir. Dec. 23, 2024).
In what appears to be a first-of-its-kind in the Nation, Montclair’s Ordinance was challenged by a group of 15 landscaping companies and two residents (collectively “Plaintiffs”) on constitutional grounds. Montclair had in place a seasonal ban on the use of gas-powered leaf blowers until it enacted the Ordinance, effective October 15, 2023, which banned the use of gas-powered leaf blowers entirely in Montclair. Plaintiffs, by way of an Order to Show Cause, had sought to enjoin the Ordinance in Federal Court on U.S. and State Constitutional grounds, asserting that the ordinance violated the Equal Protection Clause, Supremacy Clause, and Takings Clause, as well as the New Jersey Civil Rights Act, N.J.S.A. 10:6-2(c). On October 14, 2023, the U.S. District Court denied plaintiffs’ Order to Show Cause, holding that Plaintiffs failed to show both a likelihood of success on the merits of their claims and that they would suffer irreparable harm as a result of the Ordinance taking effect.
As to Plaintiffs’ Equal Protection Clause challenge, the District Court found that Montclair’s regulation of the use of gas-powered leaf blowers to combat the noise and blown particulate matter they generate was rationally related to its legitimate governmental interest in protecting the health, welfare, peace, and quality of life of Montclair residents. The Court further determined that the Ordinance did not effectuate a constitutional taking as Plaintiffs are not prevented from selling their gas leaf blowers or using them outside of Montclair. In rejecting Plaintiffs’ Supremacy Clause challenge, the Court concluded that the Clean Air Act, 42 U.S.C. 7401, et seq., did not preempt the Ordinance, which was an appropriate exercise of Montclair’s police power. Finally, the Court found that Plaintiffs had not shown they would suffer irreparable harm under the Ordinance, precluding any injunctive relief they sought.
Plaintiffs appealed the ruling to the Third Circuit, which affirmed the District Court’s denial of Plaintiff’s Order to Show Cause seeking to enjoin enforcement of Montclair’s Ordinance. In so doing, the Third Circuit rejected Plaintiffs’ contention to employ a lower standard and instead found that the “District Court applied the proper standard when analyzing [Plaintiffs’] irreparable injury allegations and correctly concluded that those allegations fell short.” The Third Circuit further concluded that the District Court had not abused its discretion “when it ultimately concluded that a preliminary injunction was not justified.”
Riker Danzig partner Derrick R. Freijomil led the trial and appellate teams for Montclair. Derrick stated, “We believe this Ordinance, which specifically bans the use of gas leaf blowers, is the first of its kind in the nation to go into effect and be enforced. Because the Court’s denial also found that the plaintiffs failed to show a likelihood of success on the merits as to any constitutional challenges, it will be a significant ruling for consideration in other jurisdictions and by other municipalities.”
Riker Danzig Partner Diane N. Hickey and Counsel Robert J. Magrane also provided litigation counsel on the team for Montclair.
