Ralph MORTIER and Wisconsin Forestry/Rights-Of-Way/Turf Coalition, Plaintiffs-Respondents,
v.
TOWN OF CASEY, Wisconsin, Imbert M. Eslinger, Louis N. Place, Roland K. Colby and State of Wisconsin Public Intervenor, Defendants-Appellants.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued September 7, 1989.
Decided March 12, 1990.
Attorney(s) appearing for the Case
For the defendants-appellants there were combined briefs (in court of appeals) by Linda Monroe, Madison, and Thomas J. Dawson, assistant attorney general and oral argument by Linda Monroe and Thomas J. Dawson.
For the plaintiff-respondent there was a brief (in court of appeals) by Paul G. Kent, Richard J. Lewandowski, and DeWitt, Porter, Huggett, Schumacher and Morgan, S.C., Madison and oral argument by Mr. Kent.
Amicus curiae brief was filed by Eugene O. Gehl and Barbara J. Swan, Madison, for Wisconsin Power and Light Company, Northern States Power Company, Wisconsin Public Service Corporation and Wisconsin Electric Cooperative Association.
Supreme Court of Wisconsin.
HEFFERNAN, CHIEF JUSTICE.
The question presented in this appeal from an order for a declaratory judgment of the circuit court for Washburn county is whether the ordinance of the Town of Casey purporting to regulate the use of pesticides in the Town is preempted by the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA).1 We conclude that the ordinance is preempted by the federal law, because...
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