Attorney General William H Sorrell has filed an appeal of the federal district court’s recent decision in favor of Entergy Nuclear Vermont Yankee. The district court, in its January 19 ruling, invalidated two Vermont statutes that gave the Legislature a say on the ability of Vermont Yankee to continue operations when its current state license expires on March 21, 2012.
Attorney General Sorrell announced today that the State has appealed all aspects of the judgment entered by the district court.
‘We have strong arguments to make on appeal. The district court’s decision improperly limits the State’s legitimate role in deciding whether Vermont Yankee should operate in Vermont beyond March 21, 2012. The court’s undue reliance on the discussions among our citizen legislators, expert witnesses, advocates, and their constituents has the potential to chill legislative debates in the future. Left unchallenged, this decision could make it harder for ordinary Vermonters to clearly state their views in future legislative hearings,’ Sorrell said.
‘I have taken seriously my responsibility to make this decision. We consulted with Governor Shumlin, other executive branch officials, legislative leadership and others. We took the necessary time to thoroughly consider our options. We look forward to defending our laws in the Second Circuit,’ Sorrell continued.
Governor Peter Shumlin issued the following statement regarding Attorney General William Sorrell’s announced decision to appeal Judge Murtha’s ruling on Vermont Yankee: ‘As I said when the court opinion was issued, I do not agree with Judge Murtha’s decision. We as a state have had many important and legitimate concerns with Entergy Louisiana and its operation of Vermont Yankee that are not reflected in the opinion. I support the Attorney General’s work in getting a positive result on appeal. Meanwhile, my administration will be focusing on the state’s continuing authority over Vermont Yankee.’
Guy Page, Communications Director of the Vermont Energy Partnership, a group supporting the Vermont Yankee relicensing, issued the following statement.
‘This decision is disappointing. Vermont Yankee provides important benefits to Vermont in terms of electricity cost saving, jobs, and environmental benefits. It is hard working Vermonters and businesses looking to survive and expand in Vermont who are hurt by the crusade to close this important component of Vermont’s economic infrastructure.’
The APPEAL, filed this morning, will be heard by the Second Circuit Court of Appeals in New York City.
February 18, 2012
RELATED:
Parenteau: Why the state must appeal Vermont Yankee decision
Mon Feb 13 2012
by Pat Parenteau, Vermont Law School I’ve been on the fence about whether Vermont should appeal Judge Murtha’s decision by the Feb. 21 deadline.
Judge rules Vermont cannot close Vermont Yankee
Fri Jan 20 2012
The State of Vermont cannot force the Vermont Yankee nuclear plant to close on March 21, 2012. In a ruling released late Thursday afternoon, United States District JudgeJ Garvan Murtha ruled in favor of VY owner Entergy over the state, and in particular Governor Peter Shumlin.
Entergy Statement on Judge's Ruling that Vermont Yankee can Remain Open
Thu Jan 19 2012
We’re pleased with the decision, which Judge Murtha issued after a thorough review of the facts and the law. The ruling is good news for our 600 employees, the environment and New England residents and industries that depend on clean, affordable, reliable power provided by Vermont Yankee.