Ruling affirms phosphorus ban

The Capital Time
December 28, 2005

Ruling affirms phosphorus ban
Called a win for city's lakes

Local officials are hailing a decision by the U.S. 7th Circuit Court of Appeals to reject an appeal by fertilizer manufacturers suing both Dane County and Madison over a phosphorus ban enacted in 2004.

Judge Richard Posner wrote the decision for the Court of Appeals, which essentially rejected the argument put forward by the industry that local governments couldn't regulate the "weed and feed" products since state law controls the use of pesticides and local law can't supersede state law.

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