United States Second Circuit
Entergy Nuclear Vermont Yankee, LLC v. Shumlin, 12-4569
Dismissal of plaintiffs' suit brought against various state officers in their official capacities claiming that a Generating Tax imposed solely against plaintiffs is unconstitutional, is affirmed, where: 1) the Generating Tax is a tax for purposes of the Tax Injunction Act (TIA); 2) Vermont's procedures offer an adequate opportunity to challenge the constitutionality of the tax in state court; and therefore, 3) the district court did not err in concluding that it lacked subject matter jurisdiction.
Appellate Information
- Decided 12/10/2013
- Published 12/10/2013
Judges
- LYNCH
Court
- United States Second Circuit