Federal Court Overrules VT in Entergy’s favor

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Per the Burlington Free Press:

Federal law prevents the state of Vermont from ordering the state’s lone nuclear-power plant, Vermont Yankee, closed as planned in March, a U.S. District Court judge ruled Thursday afternoon.

More as we learn.

Gov. Peter Shumlin issued the following statement on today’s ruling on the Entergy lawsuit:

“I am very disappointed in today’s ruling from the federal court. Entergy has not been a trustworthy partner with the state of Vermont. Vermont Yankee needed legislative approval 40 years ago. The plant received approval to operate until March, 2012. I continue to believe that it is in Vermont’s best interest to retire the plant. I will await the Attorney General’s review of the decision to comment further on whether the state will appeal.”



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8 thoughts on “Federal Court Overrules VT in Entergy’s favor”

  1. The claim that the preemption doctrine cancels a contract entered into by an entity otherwise subject to preemption, despite that entity’s foreknowledge of the preemption is a very, very bad precedent.

    In addition to appealing this suit, I’d file a new suit for fraud – especially if discovery has shown that Entergy had the intention of bailing on their contract via preemption back when the contract was first signed. I’d also sue for breach of contract.

    Either Entergy intended to abide by the state law, or they did not.

    If they did not intend to abide by it, then they signed the contract fraudulently.

    If they did intend to abide by it, then they waived preemption.  

  3. like Ron Paul?  

    Somehow I rather doubt it.

    They’re all for wresting environmental regulation and  civil rights from Federal enforcement; but when its a question of the Feds enforcing corporate interests, that surely is another matter.

  4. “…I will await the Attorney General’s review of the decision to comment further on whether the state will appeal.”

    Gov.Shumlin

  5. “The court today has made a decision that is, in my view, wrong on the merits and ripe for appeal. I believe the law is very clear, and that states have the right to reject nuclear power for economic and other non-safety reasons.

    “It is inconceivable to me that Entergy can force Vermont to allow continued operation of Vermont Yankee, an aging and problem-plagued nuclear plant, when the people of Vermont want to move aggressively to energy efficiency and sustainable energy.

    “Vermont’s laws, which Entergy agreed to abide by when it bought Vermont Yankee, require that Entergy receive a new certificate of public good in order to operate beyond March of 2012. In a very strong 26-4 bipartisan vote, the Vermont Senate voted against allowing Vermont Yankee to receive that certificate. They believed, and I believe, that the continuation of Vermont Yankee in our state is not in the best interest of Vermont.

    Allowing Entergy to evade laws they agreed to abide by sets a horrendous precedent which should not be allowed to stand. The state of Vermont and other states must have the right to determine their own energy future.”

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