The future of nuclear power nationally could be influenced by the outcome of a federal lawsuit over the troubled Vermont Yankee nuclear plant in Vermont, which is why the case is being watched so closely nationwide. Vermont Law School faculty experts will provide ongoing analysis of the environmental, constitutional and political implications of Entergy Nuclear Vermont Yankee, LLC et. al. v. Shumlin et. al. as the case unfolds.The views expressed are those of individual faculty members and not of Vermont Law School or any organizations affiliated with VLS.
- June 6, 2012, Don Kreis: State to Court of Appeals: Act 160 Just a “Process Statute”
‘Tis the season for bar exams, so here is a practice bar exam question from your friendly neighborhood energy law professor: A Vermont utility enters into a favorable, long-term power purchase agreement with a non-utility generator of nuclear powe...
- Feb. 28, 2012, Don Kreis: Vermont Yankee and the Rule of Law
It is time for Vermonters of goodwill, from Gov. Shumlin to the SAGE Alliance, to inure themselves to the reality that Vermont Yankee will not be shutting down on March 21, 2012. The latest flurry of federal court pleadings from Vermont Yankee’s o...
- February 10, 2012, Pat Parenteau: Why the State Must Appeal
I’ve been on the fence about whether Vermont should appeal Judge Murtha’s decision by the Feb. 21 deadline. Even though there are plenty of reasons to question the decision, there is no guarantee Vermont could win an appeal and there is some risk ...
- January 26, 2012, Don Kreis: Vermont was NOT out-lawyered
The eternal quest for a good “second day” story has painted into an unhelpful corner the public discussion of the State of Vermont’s loss in Round 1 of the Vermont Yankee Litigation. The 102-page opinion of U.S. District Judge J. Garvan Murtha...
- January 24, 2012, Cheryl Hanna: National Meat Association v. Harris: Read the Footnotes, Part II
While Vermont’s Attorney General and Legislature are contemplating their next steps in the Vermont Yankee case, I would hope that they will carefully consider yesterday’s U.S. Supreme Court Decision in National Meat Association v. Harris, available...
- January 24, 2012, Professor Cheryl Hanna Talks to VPR
Listen to Professor Hanna: Vermont Yankee Ruling. Last week, Federal District Court Judge Gavin Murtha ruled that the Vermont Legislature could not shut down the Vermont Yankee Nuclear Power Plant. Commentator and Vermont Law School professor Cheryl...
- January 20, 2012, Don Kreis: Count III Reconsidered
Dear Fans of my Vermont Yankee blog posts: I have good news and bad news if you are my mother or if you are otherwise someone who takes any pleasure in discovering that I am right in my public pronouncements about law or public policy. The good n...
- January 20, 2012, Don Kreis: And The Winner Is…
So, now we know that the formerly ominous date of March 21, 2012, will come and go and that Vermont Yankee will continue chugging away in Vernon, pumping out its 622 megawatts of reasonably reliable but wildly unpopular nuclear electricity. But did ...
- Sept. 28, 2011, Don Kreis: Searching for Your Friends at the Vermont Yankee Cocktail Party
A long time ago, during a job interview when I was a law student, the chief justice of the Maine Supreme Judicial Court asked me where I saw myself in 10 years. “Chairman of the Maine Public Utilities Commission,” I confidently asserted. Times...
- Sept. 20, 2011, Cheryl Hanna: A Brief Post on Severability
Just a few quick thoughts in light of Don's analysis. Pat, Don and I have speculated that one option for Judge Murtha is to somehow send this case back to the Public Service Board to make a final determination under Act 248. If he did find that Act 2...
- Sept. 20, 2011, Don Kreis: The MOU Rises Again
My distinguished colleagues Cheryl Hanna and Pat Parenteau have, as usual, offered cogent insights into what might happen next in the Vermont Yankee litigation. I respond to them with considerable reluctance – after all, they were able to attend at...
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