ENTERGY NUCLEAR VERMONT YANKEE, LLC v. SHUMLIN

Docket No. 12-4659-cv.

737 F.3d 228 (2013)

ENTERGY NUCLEAR VERMONT YANKEE, LLC; Entergy Nuclear Operations, Inc., Plaintiffs-Appellants, v. Peter SHUMLIN, in his official capacity as Governor of the State of Vermont; William Sorrell, in his official capacity as the Attorney General of the State of Vermont; Mary N. Peterson, in her official capacity as the Commissioner of the Department of Taxes of the State of Vermont, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 10, 2013.


Attorney(s) appearing for the Case

Charles Alan Rothfeld, Esq. ( Hollis L. Hyans, Esq. , Robert A. Salerno, Esq. , on the brief), Morrison & Foerster LLP, Washington, D.C., for the Plaintiffs-Appellants.

Lawrence S. Robbins ( Mark T. Stancil , Joshua S. Bolian , on the brief), Robbins, Russell, Englert, Orseck, Untereiner & Sauber LLP, Washington, D.C., for Jonathan T. Rose, Danforth Cardozo, III, Assistant Attorneys General, Office of the Attorney General, Montpelier, VT, for the Defendants-Appellees.

Before: NEWMAN, RAGGI, and LYNCH, Circuit Judges.


GERARD E. LYNCH, Circuit Judge:

This case requires us to decide whether the Tax Injunction Act, 28 U.S.C. § 1341 (the "TIA"), denies the federal courts jurisdiction to review plaintiffs' challenges to Vermont's Electrical Energy Generating Tax, Vt. Stat. Ann. tit. 32, § 8661 (the "Generating Tax"). We conclude that the TIA applies to the Generating Tax, and that Vermont provides a "plain, speedy and efficient" mechanism for raising the plaintiffs' objections...

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