Michele Kearney's Nuclear Wire

Major Energy and Environmental News and Commentary affecting the Nuclear Industry.

Monday, July 18, 2011

Ruling on Injunction Goes Against Entergy: Closing a Plant and Endangering the Grid is Not Irreparable Harm

Ruling on Injunction Goes Against Entergy: Closing a Plant and Endangering the Grid is Not Irreparable Harm

Today, Judge Murtha of ruled against Entergy's request for an injunction. Entergy had asked for an injunction that would allow Vermont Yankee to keep operating while the lawsuits wended their way through the courts. Today, Judge Murtha denied that request.

Over the next weeks, this decision will be the subject of much legal commentary. From two articles, one in Vermont Digger and one by Reuters, I understand that the judge ruled "the decision to refuel is either not harmful if Entergy prevails on the merits, or it is not a cognizable injury if Vermont’s statutes are upheld. This may present a [business decision-type] dilemma [for Entergy], but it does not constitute irreparable harm that can be resolved by a preliminary injunction.” Judge Murtha also set the hearing date for the full hearing for September 12.
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