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View Diary: Court to Vermont: "Drop Dead" (200 comments)

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  •  Hey! The federal preemption is limited. (3+ / 0-)
    Recommended by:
    randallt, shaharazade, Joieau

    .. That's what this is about.

    Federal law does not preempt states from regulating all things nuclear! The judge did not say that, and in fact, the Vermont Public Service Board docket considering Vermont Yankee's request for a renewed Certificate of Public Good will now proceed. The judge overruled the Legislature's action, whatever one may think of that, but not the state's authority overall.

    Understand: Federal law and regulation preempts the states with regards to nuclear safety issues. It does not preempt states in other areas where they might regulate a nuclear plant.

    "So, am I right or what?"

    by itzik shpitzik on Tue Jan 24, 2012 at 10:03:39 AM PST

    •  There is a Vermont Law School Blog (0+ / 0-)

      devoted to the Vermont Yankee case.

      The consensus seems to be that any legal appeal of the ruling would have a steep uphill climb and the Public Service Board would have to thread a very fine needle to avoid falling into a similar trap. Even if it does a better job of hiding its true motives than the Vermont legislature, any denial of a certificate of public good would have to be based on factors that do not have the effect of preempting federal authority. For instance, it would have to apply standards within the PSB's perview that it has applied consistently to all power generators when determining public good. Applying an arbitrary standard to VY alone would be a recipe for a legal challenge the PSB would probably lose in federal court.

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