Entergy Nuclear Vermont Yankee, LLC v. Shumlin
On April 18, 2011, Entergy Nuclear Vermont Yankee filed suit against Vermont Governor Peter Shumlin, Vermont Attorney General William Sorrell, and the Vermont Public Service Board, in the U.S. District Court for the District of Vermont. Entergy alleges Vermont is preempted by federal law from regulating the Vermont Yankee nuclear power plant and requested a preliminary injunction and declaratory judgment. Vermont, represented by Attorney General Sorrell, refutes Entergy’s claims on a number of grounds.
On July 18, the district court denied Entergy’s motion for preliminary junction, holding that Entergy had not shown irreparable harm that could be prevented or relieved before a decision on the merits. Oral arguments ended on September 15 and both parties have now filed post-trial briefs. A decision on the case is expected by the end of the year. On January 20, 2012 U.S. District Judge J. Garvan Murtha issued an order and decision.
On February 18, 2012 Attorney General William Sorrell filed a notice of appeal on behalf of Vermont with the 2nd U.S. Circuit Court of Appeals in New York. Vermont argues that district courts ruling "improperly limits the State’s legitimate role in deciding whether Vermont Yankee should operate in Vermont beyond March 21, 2012."
The Vermont Public Service Board has scheduled a status conference on March 9 to determine: whether the board still has authority to grant Vermont Yankee a certificate of public good, following the recent federal court ruling; if so, whether the board should rely on existing testimony or start over; whether Vermont Yankee plans to keep operating and If so, what are the operators going to do with the spent fuel it produces. Permission to store the fuel onsite expires March 21.
On August 27, 2013 Vermont Yankee announced and issued a press release stating that the plant would cease operation by the end of 2014 and decommission the plant. Information about the closre can be found at their website.
Read Memorandum Describing the Case (Word) (PDF)
Entergy Nuclear: Plant Website
Vermont Attorney General's Office: Litigation page including court filings
Vermont Law School: Faculty commentary concerning the case
Statement of US Senator of Vermont Bernie Sanders
Sorrell Says Other States Should Join Vermont Yankee Appeal