ENTERGY NUCLEAR VERMONT YANKEE, LLC, Entergy Nuclear Operations, Inc., Plaintiffs-Appellees-Cross-Appellants,
v.
Peter SHUMLIN, in his official capacity as Governor of the State of Vermont, William Sorrell, in his official capacity as Attorney General of the State of Vermont, James Volz, in his official capacity as a member of the Vermont Public Service Board, John Burke, in his official capacity as a member of the Vermont Public Service Board, David Coen, in his official capacity as a member of the Vermont Public Service Board, Defendants-Appellants-Cross-Appellees.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Martin S. Kaufman , Atlantic Legal Foundation, Larchmont, NY, for amici curiae William Anders, Jerome I. Friedman, Sheldon L. Glashow, Roy J. Glauber, Dudley R. Herschbach, Mujid S. Kazimi, Bahram Nassersharif, Neil E. Todreas, and Richard Wilson in support of Plaintiffs-Appellees-Cross-Appellants.
Caroline S. Earle , Ellis Boxer & Blake, Montpelier, VT, for amicus curiae International Brotherhood of Electrical Workers, Local Union 300 in support of Plaintiffs-Appellees-Cross-Appellants.
Richard A. Samp , Cory L. Andrews , Washington Legal Foundation, Washington, DC, for amicus curiae Washington Legal Foundation in support of Plaintiffs-Appellees-Cross-Appellants.
Sandra Levine , Conservation Law Foundation, Montpelier, VT; Jared Margolis , New England Coalition, Brattleboro, VT; Jamey Fidel , Paul Brierre , Vermont Natural Resources Council, Montpelier, VT; James Dumont , Vermont Public Interest Research Group, Montpelier, VT, for amici curiae Conservation Law Foundation, New England Coalition, Vermont Natural Resources Council, and Vermont Public Interest Research Group in support of Defendants-Appellants-Cross-Appellees.
Steven F. Huefner , The Ohio State University, Moritz College of Law, for amicus curiae National Conference of State Legislatures in support of Defendants-Appellants-Cross-Appellees.
Eric T. Schneiderman , Attorney General of the State of New York, Barbara D. Underwood , Solicitor General, Monica Wagner , Deputy Bureau Chief, Environmental Protection Bureau, Denise A. Hartman and Andrew B. Ayers , Assistant Solicitors General of Counsel, Albany, NY, for amici curiae States of New York, Connecticut, Iowa, Maryland, Massachusetts, Mississippi, Missouri, New Hampshire, and Utah in support of Defendants-Appellants-Cross-Appellees.
Before: CARNEY and DRONEY, Circuit Judges, and GARDEPHE, District Judge.
United States Court of Appeals, Second Circuit.
DRONEY, Circuit Judge:
Entergy Nuclear Vermont Yankee, LLC, and Entergy Nuclear Operations, Inc., (collectively, "Entergy")1 own and operate the Vermont Yankee Nuclear Power Station ("Vermont Yankee"), a nuclear power plant in Vernon, Vermont. Entergy brought suit in the United States District Court for the District of Vermont against the Governor and Attorney General of the State of Vermont and...
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