United States Second Circuit
Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 12-707
In a suit brought by the owner/operator of the Vermont Yankee Nuclear Power Station against the state and its officials seeking declaratory and injunctive relief, the District court's judgment is: 1) affirmed as to Counts 1 and 2 where the issues were preempted by the Federal Atomic Energy Act and Federal Power Act, and were moot in one respect; but 2) reversed as to Count 3 where the claim that the power purchase agreement violated the Dormant Commerce Clause of the U.S. Constitution was not ripe for judicial review.
Appellate Information
- Decided 08/14/2013
- Published 08/14/2013
Judges
- Droney
Court
- United States Second Circuit