Recent Major Briefs
- June 5, 2012, State of Vermont Brief in the Second Circuit (Yankee)
- September 26, 2011, Vermont Post Trial Memo
- September 26, 2011, Entergy Post Trial Memo
- July 18, 2011, Memorandum and Order on Plaintiffs’ Motion for a Preliminary Injunction
- June 13, 2011, Amicus brief of Commonwealth of Mass.
- June 13, 2011, Vermont Proposed Sur-reply to Entergy Reply
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Category Archives: By Date
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 power. The … Continue reading
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 … Continue reading
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 … Continue reading
Posted in By Date, Pat Parenteau
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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. … Continue reading
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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 at http://www.supremecourt.gov/opinions/11pdf/10-224.pdf The case, … Continue reading
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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 Hanna reflects upon … Continue reading
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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 … Continue reading
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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. … Continue reading
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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 … Continue reading
Posted in By Date, Don Kreis
Tagged Chairman Volz, Entergy, Kreis, Vermont Yankee lawsuit
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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 … Continue reading
Posted in By Date, Cheryl Hanna
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