AEA Preempts Vt.'s Power To Shut Nuclear Plant: Judge

Law360, New York (January 19, 2012, 8:05 PM EST) -- A federal judge dealt a blow Thursday to the state of Vermont’s efforts to close a nuclear power plant operated by Entergy Corp., saying a state law giving legislators power over the plant’s future is preempted by the Atomic Energy Act.

U.S. District Judge J. Garvan Murtha said the law, which gives state legislators the ability to certify or not certify the Vermont Yankee plant for public good, is preempted by the AEA.

The decision, which followed a Sept. 14 bench trial, permanently enjoins the state...
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