Vermont Court Denies Anti-Nuke Injunction Petition

Mar 27, 2013

The Vermont Supreme Court has dismissed a request for an injunction to shut down the Vermont Yankee Nuclear Power Plant.

The New England Coalition claimed that Entergy Nuclear continues to operate the plant in violation of the 2002 sale order with the state. The Vermont Supreme Court determined that the Coalition had failed to demonstrate that it had exhausted legal remedies, and also noted that the assertions made by the Coalition are part of another appeal now before the court. New England Coalition Attorney Jared Margolis is disappointed but not surprised by the ruling.

Margolis explains that at the time the group filed its petition, the appeal by Entergy had not been submitted, nor was it clear it would ever be filed.

Vermont Law School Professor of Law Patrick Parenteau believes the New England Coalition petition was a minor proceeding with little impact on Entergy appeals nor Public Service Board review.

There remain several ongoing legal battles over the fate of the nuclear power plant, according to Professor Parenteau.

Entergy Vermont Yankee Spokesman Rob Williams told WAMC that the company is pleased with the court’s decision.