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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 … Continue reading

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Sept. 16, 2011, Cheryl Hanna: Agreeing with Pat (sort of, but don’t tell him that)

Thanks, Pat, for that post on the meaning of Judge Murtha’s questions.  I have to agree with you that the judge’s interest at the end of the trial, particularly about Entergy’s possible waiver and estoppel claims, was both surprising given … Continue reading

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Sept. 13, 2011, Cheryl Hanna: Further Thoughts on the Trial

Neither Professor Parenteau nor I were able to attend the trial today.  And it is a bummer that I can’t attend Wednesday either because I would love to see Entergy attorney Kathleen Sullivan’s closing argument. Trust me, the federal courthouse … Continue reading

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Sept. 12, 2011, LIVE POST FROM TRIAL: Day I Recap, Part II:VT to VY: You Lie

The day finished with the State putting on two witnesses, one real, one virtual.  As we posted earlier, its first witness, Bill Steinhurst, ultimately added very little to the case.  He did make the claim that it would possibly make … Continue reading

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Sept. 12, 2011, LIVE POST FROM TRIAL: Cross-Examination of State’s First Witness Complete

Entergy just finished its cross-examination of the state’s first expert. They never asked him how shutting down VY would frustrate the state’s goals of energy efficiency and diversity (especially in light of Seabrook). Entergy’s lawyer could have really gone after … Continue reading

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Sept. 12, 2011, LIVE POST FROM TRIAL: Entergy to VT: If you don’t like us, dont buy our power

Prof. Parenteau and I are at lunch so here is a quick recap. VYs case is still being framed around the argument that even if VT regulated for reasons other than safety, those reasons must be plausible. And they are … Continue reading

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Sept. 12, 2011, LIVE POST FROM TRIAL: Opening Arguments

Just on a break. Started with opening arguments. Sullivan was brilliant and I couldn’t help but think how all those years in a classroom make a big difference in being clear. Main points were that the legislative record doesn’t support … Continue reading

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Sept. 12, 2011, LIVE POST FROM TRIAL: Waiting in Line

Professor Parenteau and I are in Brattleboro. Only a dozen people in line but lots and lots of protestors. We should be able to get in for trial. Stay tuned!

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Aug. 5, 2011, Don Kreis: A Ptolemaic Policy Pronouncement from Peter Shumlin?

Editor Anne Galloway of the news web site VTDigger.org recently spent a long day driving around the state with Gov. Shumlin. Among her conclusions after 13 hours of meeting and greeting is that the former state Senate leader has changed … Continue reading

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July 26, 2011, Cheryl Hanna: Attorneys’ Fees Requested in First Amendment Case before U.S. Supreme Court

Here is an interesting article on SCOTUS blog about the Brown v. EMA decision earlier this term striking down a California law that banned the sale of violent video games to minors: http://www.scotusblog.com/2011/07/a-rare-request-for-fees/ While not directly relevant (yet) to the … Continue reading

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