2nd Circ. Won't Let Vt. Shutter Entergy Nuclear Plant

Law360, New York (August 14, 2013, 6:06 PM EDT) -- The Second Circuit on Wednesday blocked Vermont's attempts to shut down Entergy Corp.'s Vermont Yankee nuclear power plant, ruling that state laws giving legislators authority over the renewal of the plant's operations permit were preempted by the federal Atomic Energy Act.

According to the three-judge panel, U.S. District Judge J. Garvan Murtha had correctly ruled that Vermont Acts 74, 160, and 189 — governing storage of spent nuclear fuel, Vermont Yankee's continued operation past 2012 and inspections of the plant related to that continued operation, respectively...
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