Entergy Nuclear Vermont Yankee, LLC v. Shumlin
- Case Date: 9/7/2012
- Project Name: Criminalization of Free Enterprise - Business Civil Liberties Program
On August 14, 2013, the U.S. Court of Appeals for the Second Circuit upheld a lower courtís holding that federal law preempts a recent effort by Vermont lawmakers and regulators to effectively shutter operations at the Vermont Yankee Nuclear Power Station in Vernon, Vermont. The decision was a victory for WLF, which filed a brief in the case in support of Vermont Yankeeís challenge to Vermont law. In its opinion, the appeals court agreed with WLF that Vermontís proffered reasons for its legislative scheme to put Vermont Yankee out of business could not be reconciled with the oversight already statutorily provided by the Nuclear Regulatory Commission (NRC). Because Congress granted the NRC exclusive authority over the safety, licensing, and operation of nuclear power plants, the court held that Vermontís backdoor attempt to halt Vermont Yankeeís continued operation violates the Supremacy Clause of the U.S. Constitution.
More Information and Downloads:
9/7/2012: Download the Brief
Litigation Update: Appeals Court Invalidates Vermontís Effort To Shut Down Power Plant