Town of Salisbury v. New England Power Co.

The issue in this case is whether an ordinance enacted by the town of Salisbury, restricting the use of chemical defoliants within the town, is valid. We hold that it is preempted by State law and is, therefore, invalid.

Subsequent to enactment of the ordinance in question, the defendant John C. Brown & Sons, Inc., hired by New England Power Company to keep its power line rights-of-way in the town of Salisbury clear, used chemical defoliants in performing its task. Following this, the town sought and obtained a temporary injunction, enjoining the defendants, New England Power Company (NEPCO)…