2nd Circ. Sinks Challenge To $13M Vt. Nuclear Tax

Law360, New York (December 10, 2013, 4:06 PM ET) -- The Second Circuit on Tuesday upheld the dismissal of a lawsuit challenging the $13 million annual state tax levy imposed on Vermont's largest nuclear plant operator, saying the Tax Injunction Act does not allow the federal courts to meddle in state tax matters.

In an unsigned opinion, U.S. Circuit Judges Jon O. Newman, Reena Raggi and Gerard E. Lynch said the TIA applied to a $0.0025 state charge imposed on every kilowatt of electricity produced by Entergy Nuclear Operations Inc., directing the company to take up...
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