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: Cheryl Hanna
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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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
Posted in By Date, Cheryl Hanna
Tagged Entergy, Hanna, Pat Parenteau, Vermont Yankee lawsuit
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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
Posted in By Date, Cheryl Hanna
Tagged Constitutional law, Entergy, Hanna, Vermont Yankee lawsuit
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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
Posted in By Date, Cheryl Hanna, Pat Parenteau
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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
Posted in By Date, Cheryl Hanna
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Sept. 12, 2011, LIVE POST FROM TRIAL: The Longest Afternoon in Courtroom History
Entergy rested after a few brief depositions were admitted, and then the State put on it first witness, Bill Steinhurst, who has been involved with VT energy policy for more than two decades. It took the state 90 minutes to … Continue reading
Posted in By Date, Cheryl Hanna
Tagged Department of Public Service, Entergy, Hanna, Vermont Yankee lawsuit
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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
Posted in By Date, Cheryl Hanna
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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
Posted in By Date, Cheryl Hanna
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Aug 3, 2011, Cheryl Hanna: Entergy reports $315M in earnings for 2Q
In case you missed it, Entergy just posted its earnings for the second quarter. It is likely that the decision to purchase fuel rods helped keep the stock price stable. http://neworleanscitybusiness.com/thenewsroom/2011/08/02/entergy-reports-1-7b-in-earnings-for-2q/
Posted in By Date, Cheryl Hanna
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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
Posted in By Date, Cheryl Hanna
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