Entergy's Challenge To $13M Vt. Nuke Plant Tax Tossed

Law360, New York (October 26, 2012, 4:07 PM EDT) -- Vermont on Thursday escaped an Entergy Corp. suit challenging a nearly $13 million annual levy the state imposed on the company’s Vermont Yankee nuclear plant, after a federal judge ruled that the claim must be pursued in state court.

According to U.S. District Judge Christina Reiss, the levy of $0.0025 per kilowatt-hour imposed by the state on electricity generated by the 620-megawatt plant was a tax by definition under the Tax Injunction Act, which prohibits federal courts from interfering with the collection of state taxes if...
To view the full article, register now.




Case Information

Case Title

Entergy Nuclear Vermont Yankee, LLC et al v. Shumlin et al

Case Number




Nature of Suit

Constitutional - State Statute


Christina Reiss

Date Filed

September 12, 2012


Government Agencies

Law360 Pro Say Podcast
Check out Law360's new podcast, Pro Say, which offers a weekly recap of both the biggest stories and hidden gems from the world of law.