Conservation Law Foundation Statement on Federal Court Ruling on Vermont Yankee

CONTACT:

Karen Wood, CLF, (617) 850-1722
Sandra Levine, CLF, (802) 223-5992, x4013

MONTPELIER, VT  August 14, 2013 – The U.S. District Court of Appeals for the 2nd Circuit today rejected the Vermont legislature’s effort to exercise its authority to regulate Vermont Yankee,  but gave Vermont an important victory in its decision regarding power supply contracts, which precludes Entergy from collecting attorneys’ fees for suing the state. In response to the Court’s ruling today, Conservation Law Foundation issued the following statement from Sandra Levine, senior attorney in CLF’s Vermont office:

“The Court’s decision is a disappointing failure to allow Vermont a stronger say in regulating a tired old nuclear plant on the banks of the Connecticut River,” said Sandra Levine, senior attorney for Conservation Law Foundation in Vermont, which filed a friend of the court brief siding with the state in the case. “The appeals court rejected the Vermont legislature’s actions regarding Vermont Yankee’s state license and waste storage, but left intact Vermont’s authority to regulate on matters of economics, power supply and the trustworthiness of the plant’s owners.

“The decision provides for the federal government to have a greater role over the state and the people of Vermont on key issues that affect their quality of  life when it comes to nuclear power,” Levine stated. “The fact remains that Vermont Yankee continues to face economic and management challenges. There continues to be a role for Vermont in ensuring that Vermont Yankee does not unfairly burden its citizens with the costs—environmental, economic and otherwise—of keeping this dinosaur on life support.”

Circuit Judge Susan L. Carney’s concurring decision is available here.

Conservation Law Foundation (CLF) protects New England’s environment for the benefit of all people. Using the law, science and the market, CLF creates solutions that preserve natural resources, build healthy communities, and sustain a vibrant economy region-wide. Founded in1966, CLF is a nonprofit, member-supported organization with offices in Rhode Island, Maine, Massachusetts, New Hampshire, and Vermont.