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Vermont Yankee Litigation

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Vermont Yankee Litigation

On April 18, 2011, Entergy Nuclear Vermont Yankee and Entergy Nuclear Operations (collectively “ENVY”) sued in Federal court, naming as defendants Vermont Gov. Peter Shumlin, Attorney General William H. Sorrell, and the three members of the Vermont Public Service Board (the quasi-judicial body that lawfully regulates all public utilities in Vermont), James Volz, John Burke, and David Coen. ENVY asked the court for a preliminary injunction. After a hearing June 23 and 24, the court denied that motion on July 19, 2011.

Trial on ENVY’s complaint took place September 12 through 14 at U.S. District Court in Brattleboro, VT, before the Hon. J. Garvan Murtha, Senior Judge. A decision was issued on January 19, 2012. The State appealed and Entergy cross-appealed. On August 14, 2013, the Second Circuit Court of Appeals issued a decision affirming in part and reversing in part the District Court's decision. On December 23, 2013, ENVY and the State entered into a settlement agreement and memorandum of understanding. As part of the settlement, the parties agreed to end this and future litigation.

Below are the major filings in the case by ENVY and the State of Vermont, as well as by amici curiae, including the Commonwealth of Massachusetts, environmental advocacy groups, and a local labor union.

  • Entergy Complaint
  • Entergy Motion for Preliminary Injunction
  • State's Opposition to Preliminary Injunction
  • Further Filings on Preliminary Injunction
  • Amicus Briefs on Preliminary Injunction
  • Post Preliminary Injunction Motion Filings
  • Court Decisions and Orders
  • The State of Vermont's Answer to the Complaint for Declaratory and Injunctive Relief
  • ENVY Motion in Limine and State of Vermont's Opposition
  • Pre-Trial Memos by Parties and Amici
  • Post-Trial Memos
  • Merits Decision
  • Notice of Appeal
  • Post-Decision Filings
  • Appeals

  • Generating Tax-Entergy Litigation
  •   Website consulting provided by The National Association of Attorneys General.