Federal judge rules Vermont can’t close nuclear plant — Must remain open though state wants it shut down — Gundersen featured on local news (VIDEO)

Published: January 21st, 2012 at 12:22 pm ET
By
Email Article Email Article
37 comments


Title: Yankee Opponents Pin Hopes on PSB
Source: WPTZ
Date: Jan 20, 2012

[...] U.S. District Judge J. Garvan Murtha has ruled against the state’s efforts to close the plant down.

Vermont had a law saying the plant needs legislative approval to operate for another 20 years, but the judge rejected that. He also said the state can’t shut down Vermont Yankee based on a lack of legislative approval for storage of high-level radioactive waste.

Vermont is the only state to have a law giving it a voice in the licensing of a nuclear plant. [...]

“The ruling is good news for our 600 employees, the environment and New England residents and industries that depend on … Vermont Yankee.” -Entergy Press Release

Watch the report here

Published: January 21st, 2012 at 12:22 pm ET
By
Email Article Email Article
37 comments

Related Posts

  1. Gundersen featured on CNN — NRC refuses to speak to network despite weeks of requests and showing up in person (VIDEO) February 17, 2012
  2. Gundersen featured on PBS — Host: “Growing movement” to keep California’s San Onofre nuclear plant shut down permanently (VIDEO) April 26, 2012
  3. Gundersen: 20 percent of young girls living in some areas around Fukushima Daiichi will get cancer from radiation over their lifetimes (AUDIO) March 20, 2012
  4. U.S. Nuclear News Roundup: Ft. Calhoun close to shut down — Falsified tests in NY — North Anna restart to take months? — Leak in CT September 9, 2011
  5. Gundersen: 70,000 shad in river before nuclear plant… now there’s 16, not 16 thousand, sixteen — We’ve essentially decimated the population (VIDEO) December 3, 2012

37 comments to Federal judge rules Vermont can’t close nuclear plant — Must remain open though state wants it shut down — Gundersen featured on local news (VIDEO)

  • Bones Bones

    What does Ron Paul always talk about? A: State rights. A vote against nuclear is a vote for Paul. THAT is some we can do. If he gets in, it will be up to us to launch campaigns state by state and rip control out of the corporations hand lest there be a forceful (like our government now) removal of power back to the people.


    Report Comment

    • anne anne

      But Ron Paul is in favor of nuclear power and all his capitalist cronies.


      Report Comment

      • aigeezer aigeezer

        I’m Canadian, so I have no horse in your November race. From my perspective, it seems like every candidate except Paul will give you more of what you’ve got now. Paul may or may not interject meaningful changes. If he does, you may or may not like the results, and any changes tend to bring unintended consequences.

        Without Paul, the death-spiral continues. With him, it may still continue. That’s the problem with a forced-choice political system. Here in Canada we usually have more than two choices (nominally), but it’s always still a forced-choice system. There’s never a way to say “none of the above”, “it’s broken”, “let’s start over”, “count me out”, “don’t do it in my name” and so forth.

        The people with power and influence over politicians can use that to their advantage – the public, not so much, as Vermont citizens are discovering.

        If you followed the SOPA/PIPA drama earlier this week, you may think the “little guys” won. Not so. The actual outcomes are very much like the Vermont Yankee drama.

        http://dailyreckoning.com/power-vs-people-in-the-digital-age/

        We all face a perfect storm of financial, energy, environmental, and political crises. Perhaps we will muddle through?


        Report Comment

        • Gotham

          Paul is the only sane politician on the planet. Of course his worldview is very much different that that of the establisment. If you want the status quo to continue vote for the criminal elite and war mongers.

          Ron Paul would not need to weigh in on nuclear if states rights rule again. Then, the citizens in each state can decide. Divide and conquer is easier.

          Never heard a question in the debates about energy policy. The criminal media is more interested in trailer trash talk.


          Report Comment

          • BreadAndButter BreadAndButter

            “Paul is the only sane politician on the planet.”
            Big words. I wouldn’t bet on it.


            Report Comment

          • anne anne

            A President alone can’t bring about states rights. Ron Paul is for crony capitalism. He is the elite’s controlled opposition. If every community planning board voted against allowing nuclear power plants to build, there would be no nuclear power plants. This happened in Pueblo, CO and in Iowa. The federal government is not forcing anyone to have nuclear power plants.

            Ron Paul is in favor of nuclear power. There is nothing sane about that. He is in favor of neo-feudalism. I won’t vote for him to take away my property.

            The Green Party is the only party whose platform is environmentally sound. Dr. Jill Stein beats Ron Paul on every issue.

            To say that Ron Paul is for a work ethic not shared by Americans is very prejudicial. He became a doctor by working for the government, as part of the military establishment. Now he lives off the government in Washington taking vacations. His pension and healthcare are all the government. He takes money from private corporations. His personal life shows what he really believes. The top 1% can live off the government. The 99% have to toil without rewards to support the top 1% or the top 0.5%. He uses the Luciferian hand signal which I consider totally insane.


            Report Comment

            • “[Ron Paul] is the elite’s controlled opposition.”

              If that was true, the MSM wouldn’t treat him like a wicked step child. Palin and Perry were the elite’s attempt to hijack the tea party, and they failed. Ron Paul is the real deal.

              Ron Paul is the ultimate environmentalist because he supports property rights, which means nobody can harm your property without legal repercussions.

              He also voted against subsidies for the fossil fuel industry, saying that without government subsidies, alternative fuels would be more competitive and come to market sooner.


              Report Comment

      • gr81 gr81

        Presently, the only reason we have nuclear power is because it is the weapon makers in bed with the government, using tax money to prop up nuclear power.

        Ron Paul will eliminate the collusion between the war machine, the government, and the use of our taxes to finance ALL OF THE ABOVE.

        It will be up to WE THE PEOPLE to allow and finance nuclear power, and since the populous was NEVER in favor of nuclear power it will cease to exist.

        So weather he is pro nuke or not, he will ELIMINATE the funding which has enabled nuclear power from the start.


        Report Comment

      • patb2009

        ron paul is against th eprice-anderson act which gives nukes free immunity, without that,
        no nuke makes sense.


        Report Comment

    • WindorSolarPlease

      Ron Paul in favor of Nuclear Power, yep we like those people in office. (sarc)

      Ron Paul has called for the eventual elimination of Medicare and Medicaid and has suggested that charity hospitals/churches should pick up the slack for the uninsured, when people don’t have the means or want to give to charity’s, like they used to in the 1960′s.

      He doesn’t like Social Security either.

      When you are suffering with cancer, and you have gone over what your insurance will pay for, try begging with the rest of us, you won’t like it. Most likely you won’t get it or when you do you will be out of remission, because there will be to many sick people asking for help.

      Don’t forget, don’t step on Grandma, who is sleeping in the streets now, since her Social Security is taken away.

      You chose who you want


      Report Comment

      • vivvi

        Maybe it will be like australia, where in theory you have a right to medical and dental care if you are unemployed or disabled, but just try getting it. There is a waiting list so bad your grandchildren will be on the aged pension before your turn comes. This is a classic plan by crazy socialists to make you think you have a safety net, but in practice it isn’t there. This country is just as corrupt as any other, the outcome will be the same. Rich pricks will tread on the poor, with the justice system in their pocket. Wonder who will take the blame if YANKEE has a hernia and irradiates all of Vermont. You have to remember that the powers that be don’t care a DAMN what happens to little people, as long as they get their money. It will only change by force unfortunately. Time for the people of Vermont to pass judgement on this evil judge.


        Report Comment

      • So how’s Obama-care working out for ya? So far, prices have only continued to increase. Do you really think more government intervention will make things better? Most of the articles on this site are proof that the government doesn’t care about us, so why do you still believe in them?

        You should look into what Ron Paul actually says, instead of the fear mongering agenda of the MSM. He doesn’t want to yank SS and medicare out from under people who are dependent. Instead, he wants to give new people entering the system a chance to opt out. And there will plenty of funding for people still in the system when he stops all the war mongering.


        Report Comment

    • jimbojamesiv

      Sad, but not surprised, to find out Bones is a Teatard.


      Report Comment

  • WindorSolarPlease

    What would make a federal judge rule against, what the State wants??


    Report Comment

    • aigeezer aigeezer

      Historically, individual states have sometimes endorsed bad things (Mississippi and enforced sterilization comes to mind). This time, who knows?… but we can guess.

      The federal machine has a huge vested interest in nukedom – individual states, almost none (other than perhaps “jobs, jobs, jobs”).

      I know you know all this – just can’t resist.


      Report Comment

      • WindorSolarPlease

        Hi aigeezer

        Yes I know why, I was being a smarty pants…lol

        I knew someone would say it better than I could, and I was right.


        Report Comment

      • lam335 lam335

        Has the federal government never “endorsed bad things”?

        Why assume states alone have a tendency to do wrong. At least when states err, it is easier for citizens to exert pressure and force change. When the federal government does wrong, it is characterized by such powerful vested interests that the people have too little leverage to force it to change course.


        Report Comment

            • aigeezer aigeezer

              Hi lam335. I didn’t understand your post and was hoping you’d explain further. Specifically:

              “Has the federal government never “endorsed bad things”?” Nobody had taken a position on this issue in this thread, so your question surprised me. To me the answer to the question is, “of course it has often endorsed bad things”. I couldn’t figure out why you asked the question.

              “Why assume states alone have a tendency to do wrong.” Nobody had stated such an assumption here. I would certainly not make it, so I didn’t get the point of that question either.

              If you thought my position is that lower level governments need to be watched over by higher level governments, that is not my position – far from it. However, I observe that is how things are structured in most countries (whether I approve or not).

              Governments at all levels “endorse bad things”, in my opinion (and some good things also). All governments are instruments of coercion. Governments higher in the pecking order, such as sovereign nation governments, get to coerce governments lower in the pecking order, such as municipalities. Governments at any level coerce individual people, always at the point of a gun, implicit or literally. The notion that a local government is more malleable is appealing until you put it to the test. “Don’t fight City Hall” is more than a slogan.

              I think an individual’s chances of getting a condominium association to reverse a ruling; a meter maid to revoke a parking ticket, or a federal agency to remove a name from a no-fly list… are all about the same, namely slim to none. Statistically, the odds are best at the local level. In practical terms, things work out about the same whenever an individual deals with “the authorities”. People love to use government to push other people around. They tend to forget it works both ways.

              http://www.youtube.com/watch?v=utkkXCF8ZVc


              Report Comment

    • to protect the nuke industry, from which they get huge bribes, kickbacks, campaign contributions


      Report Comment

  • nonuke nonuke

    It’s not quite over yet…VERMONT STILL HAS OPTIONS TO SHUT IT DOWN

    Ruling passed, but continued VY operation not done deal

    http://www.reformer.com/localnews/ci_19788002


    Report Comment

  • patb2009

    i’d suggest reading the opinion


    Report Comment

  • patb2009

    http://dockets.justia.com/docket/vermont/vtdce/1:2011cv00099/20188/

    thats the case docket

    https://docs.google.com/gview?url=http://docs.justia.com/cases/federal/district-courts/vermont/vtdce/1:2011cv00099/20188/181/0.pdf?ts%3D1327075532&pli=1&chrome=true

    decision memo

    “1.
    Defendants are permanently enjoined, as preempted under the Atomic
    Energy Act, from enforcing Act 160 by bringing an enforcement action, or
    taking other action, to compel Vermont Yankee to shut down after March 21,
    2012 because it failed to obtain legislative approval (under the provisions of Act
    160) for a Certificate of Public Good for continued operation, as requested by
    Plaintiffs’ pending petition in Public Service Board Docket No. 7440, or in any
    subsequent petition.”

    federal law preempts..


    Report Comment

    • WindorSolarPlease

      Hi patb2009,

      Meaning it trumps any conflicting state law.

      Are you saying: No chance of it being shut down, no matter how many lawyers fight this, there’s no loop holes?


      Report Comment

      • patb2009

        well that there may be other attack lines, but, i’d say the judge has closed out everything at the state level.

        seems kind of cruddy, as entergy agreed to these rules and then deided it wasn’t what they really wanted, which had they said up front, VYNPC would not have been allowed to sell to Entergy on.

        now, given the conditions of the contract were breached, Maybe VT can sue for breach of contract conditions with Entergey, and demand return of the Vermont Yankee power station.

        maybe they can go through a license extension suit that the plant is not in conformance,,,,


        Report Comment

        • WindorSolarPlease

          I hope they find a legal way to close it down, and all the others.

          Nuclear Plants are a health hazard and dangerous. They are a threat to our environment.


          Report Comment

    • lam335 lam335

      Thank for these links. Do you know if the constitutionality of the Atomic Energy Act has ever been challenged in Court? I don’t see why the federal government should be able to cancel the authority of states to make health and safety-related decisions when civilian power plants are involved. What is the constitutional basis for the federal government’s ability to do that?


      Report Comment

  • americancommntr

    Perhaps a million people should take a day off work and hold a demonstration at the statehouse, all carrying signs saying “Chernobyl, Fukushima, not Vermont” to spell it out for the other millions.

    Maybe they should also start pulling investments and get their retirement account managers to start pulling investments, from anything having to do with nuclear or allied businesses.

    Perhaps they should start doing their own labwork, then sue the NPP and its owners for the radioactive contamination sure to be found around the plant, IN SMALL CLAIMS COURT BY THE TENS OF THOUSANDS.

    Maybe sheriffs should start blocking federal officials from entering their counties and arresting then if they proceed.

    Maybe the governor should send a contingent of state national guard troops to the plant to supervise its shutdown, until the case reaches the Supreme Court.


    Report Comment

  • aldo aldo

    Seems like Massachusetts and Connecticut should get involved seeing as how they’re downstream from Entergy’s tritium production facility. And New Hampshire’s about 1/4 mile due east.


    Report Comment

  • Pallas89juno Pallas89juno

    It is time to revoke Vermont Yankee, and associated corporate organizations, corporate charters. If this is not any longer the de facto right of citizens, then the citizens of Vermont must re-assert this right. Please see the movie, “The Take” from Argentina, as the very least.


    Report Comment

    • BreadAndButter BreadAndButter

      ..and after watching the movie, get your asses in gear and take your protest to the streets!!

      *peace


      Report Comment

      • Pallas89juno Pallas89juno

        We need to take our protests to the decision makers HOMES and OFFICES and isolate these and their lackeys from their ability to carry on business as usual. Otherwise, it’s meaningless as established power elite is quite well prepared for indirect strategies–such as pacifistic protests. Why do we think the U.S. government made a holiday for MLK? Do we think it’s because the rich at the top felt obligated to make such a holiday? No, it’s because really, the indirect methods don’t take down the established toxic hierarchical controllers at the top. These despots merely assassinate the leaderships of such movements.


        Report Comment

  • Karlin

    They say they cant shut down Vermont Yankee because "they dont have a plan for the nuclear waste' – I assume that refers to nuclear fuel that is being used, that is for eg. half-used, as in – the rods in the vessles.

    Simple enough – stop putting more rods in, close every old Mark 1 to Mark 4 by gradually slowing the process. Start now, save America.

    OOPS – maybe too late!! Imagine what happens if the US dollar is "called in" and the US economy crashes – Nobody will be operating these 100s of nuclear plants, maybe a few volunteers? Any plan for a gradual shutdown would be abandoned and all the nuclear fuel there will eventually… will evenutally… [end of tranmission]


    Report Comment