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Court Finds New Jersey Ordinance Prohibiting Gas-Powered Leaf Blowers Permissible Under Federal Clean Air Act
In June 2026, the United States District Court for the District of New Jersey (the “District Court”) found a Montclair, New Jersey ordinance prohibiting the use of gas-powered leaf blowers to be a valid exercise of state police power not preempted under the federal Clean Air Act (“CAA”).
In 2023, the Township of Montclair’s (“Montclair”) Council (the “Council”) approved Ordinance O-23-31 (the “Ordinance”), expressly prohibiting the use of gas-powered leaf blowers, and setting time limits on when leaf blowers may be used. The Council, in its statement of purpose, found that “the use of gas-powered leaf blowers impairs the health and social welfare, as well as the peace and quality of life of persons residing and working in Montclair.” The Council further found that the use of leaf blowers causes exposure to fine particulate matter, which may have an impact on workers using the leaf blowing equipment, individuals with respiratory conditions, children, and others within the community. The Ordinance defined “gas-powered leaf blower” as leaf blowers powered by gasoline or gasoline and oil blends, or electric leaf blowers powered by generators using a mixture of gasoline and oil blends, or diesel, for fuel. The Ordinance still permitted the use of electric leaf blowers during specific hours of use.
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