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Weed Laws Article on Landscaping (John Marshall Law Review) Page 23 of 27 ordinance applied to natural landscapes lacks a rational basis for the elimination of allergenic, wind -borne pollen that affects people with hayfever and other 176 allergies. 5. Enforcement of Weed ordinances Against Natural Landscapes Increases Wind -Borne Allergenic Pollen and Other Health Hazards The primary cause of hayfever is ragweed. 177 Ragweeds are a pioneer species in the normal course of plant succession that thrive in disturbed soil found in recently developed or degraded areas.178 In the normal course of plant succession, weedy pioneer plants would, if the soil remains undisturbed by cutting or other activity, be succeeded by grasses and herbaceous plants. All plants produce pollen, but perennial native plants and native grasses, the primary components of natural landscapes, are generally not producers of wind -borne, allergenic pollen. Allowing these plants to grow, operates to crowd out the weedy pioneer species that create the health hazard. Based on these facts, Judge Gramling concluded that the weed ordinance, as applied to natural landscapes, was counterproductive.179 Even more ominous than the health problems associated with some wind -borne pollens, is the likelihood that the chemicals used to establish and maintain mono- turf yards pose a serious health risk to the environment and to people and their pets, not to mention whatever wildlife remains in the area. Homeowners apply more than 67,000,000 pounds of active lawn chemicals each year, more pounds per acre than are applied by farmers.180 The damage to human health attendant to such landscaping practices is well - documented. For example in Fairfax County, Virginia officials blame the high levels of phosphorus in streams on lawn fertilizer run- off.181 The United States Environmental Protection Agency found potentially harmful levels of nitrate in more than half the drinking water wells tested nationwide. High nitrate levels can cause "blue baby" syndrome, a potentially fatal oxygen - depriving disorder in infants.182 Finally, researchers at the National Cancer Institute have linked frequent chemical -lawn treatments to an increased incidence of deadly cancer in dogs and suggest a link between the weed killer, 2, 4 -D, and cancer in humans. 183 By prosecuting natural landscapers, and either implicitly or expressly promoting exotic mono -turf yards, villages increasingly harm the public health. The connection between the prosecution of natural landscapers under weed laws and enhancing public health, safety and welfare is not well - founded. Prosecutor claims rest on convenient assumptions that have not withstood judicial or scientific scrutiny. Even more frightening is the likelihood that the correlation is inverse - - -- that these weed laws are, if not mandating, certainly encouraging turf grass lawns established and maintained with chemicals that seriously endanger the public health, safety, and welfare. 6. Aesthetics http: / /www.epa.gov /glnpo /greenacres /weedlaws /JMLR.html 2/22/01