Judge Allows New England Coalition to Continue Complaint to Supreme Court
A federal court judge has denied a motion for an injunction by Entergy Nuclear that would have barred the New England Coalition from bringing an enforcement request to the Vermont Supreme Court.
The New England Coalition wants the Vermont Supreme Court to enforce a 2002 Public Service Board order that requires the Vermont Yankee Nuclear Power Plant obtain a new Certificate of Public Good - or state utility license - to operate beyond the end of March 2012. The plant continues to operate under the terms of its original certificate while a petition is pending with the Public Service Board. Judge J. Garvin Murtha’s decision will allow the New England Coalition to go before the Vermont Supreme Court requesting enforcement action. Coalition Attorney Jared Margolis.
New England Coalition Staff Technical Advisor Ray Shadis says the ruling is a strong legal rebuff against Entergy.
Entergy Vermont Yankee Spokesman Rob Williams notes that the original injunction is in effect allowing continued operation.
Vermont Law School Professor Patrick Parenteau says Judge Murtha’s order in the New England Coalition case is intriguing. But of greater interest, and intertwined with it, are upcoming legal proceedings. On Monday the Second Circuit Court of Appeals will hear arguments by the state of Vermont regarding another Murtha ruling in January 2012.
The New England Coalition is scheduled to appear before the Vermont Supreme Court on January 16th.