VERMONT YANKEE NUCLEAR POWER CORP. v. ENVY

Attorney(s) appearing for the Case

Richard J. Conway , Dickstein Shapiro LLP, of Washington, DC, argued for plaintiff-cross appellant, Vermont Yankee Nuclear Power Corporation, of Washington, DC.

Brad Fagg , Morgan, Lewis & Bockius LLP, of Washington, DC, argued for plaintiffs cross appellants Entergy Nuclear Operations, Inc., et al. Of counsel on the brief was L. Jager Smith , Wise, Carter, Child & Caraway, P.A., of Jackson, Mississippi.

Andrew P. Averbach , Trial Attorney, United States Department of Justice, of Washington, DC, argued for defendant-appellant. With him on the brief were Tony West , Assistant Attorney General, Jeanne E. Davidson , Director, and Harold D. Lester, Jr. , Assistant Director Of counsel on the brief were Marian E. Sullivan , Jeremiah M. Luongo , Mariana T. Acevedo , Seth W. Greene , Joseph D. Keller , and Daniel G. Kim , Trial Attorneys; and Jane K. Taylor , Office of General Counsel, United States Department of Energy, of Washington, DC.

Kyle H. Landis-Marinello , Assistant Attorney General, Office of the Attorney General, State of Vermont, Montpelier, Vermont, for amicus curiae. With him on the brief was Gavin J. Boyles , Assistant Attorney General.

Opinion for the court filed by Circuit Judge DYK, in which Circuit Judge MAYER joins except for Part I(C), and in which Circuit Judge BRYSON joins except for Part III(B), (D), and (F). Opinions dissenting in part filed by Circuit Judges MAYER and BRYSON.