Vermont Files Appeal in Vermont Yankee Case

Jun 6, 2012

The state of Vermont has filed a brief in an effort to overturn a federal judge's ruling that said only the federal government can decide whether a nuclear plant can operate.

The state filed its brief Monday in the 2nd U.S. Circuit Court of Appeals in New York asking that the state’s right  to decide whether the Vermont Yankee Nuclear Power Plant should be able to continue operating be upheld.  It seeks to overturn a January decision against the state by District Court Judge J. Garvan Murtha.  Vermont Attorney General William Sorrell says there are two key elements to their argument.

Vermont Law School Professor of Law Patrick Parenteau says the brief presents a tightly reasoned and strong argument for the state.

While she agrees the brief is very well crafted, Vermont Law School Professor of Constitutional Law Cheryl Hanna says none of the arguments are a surprise and she has doubts whether it will lead to a positive outcome for the state.

Entergy Corporation Spokesman Mike Burns says the company has only a short comment on the court filing.

Supporters of Vermont’s arguments have until Monday to file friend of the court briefs.  Entergy has 90 days to file their brief, followed by amicus briefs supporting the corporation. Oral arguments are not expected to be scheduled until at least late this year.