In a decision that could directly affect Martha’s Vineyard, the Town of Brewster was granted a preliminary injunction Friday in Barnstable Superior Court that will halt all Eversource herbicide spraying until Nov. 1, pending Eversource appeal.
“As it currently stands, Eversource is barred from spraying herbicides in Brewster for the rest of the year,” Orleans-based attorney Bruce Taub, representing the town of Brewster told The Times on Friday. If the decision holds up, it will effectively halts Eversource spraying for the remainder of the year in Brewster, because most foliage will be gone by Nov. 1.
Mr. Taub said the legal precedent, as it stands currently, could benefit separate action by by towns on Martha’s Vineyard.
“It’s not binding. It’s not like another court would have to follow it but it does have value,” Mr. Taub said. “If towns on Martha’s Vineyard sought an injunction on similar grounds in Dukes County their chances would be equally as good as Brewster’s was in Barnstable.”
On Friday, Martha’s Vineyard Commission executive director Adam Turner told The Times, “The MVC will look very closely at initiating legal action based on this decision.”