VERNON, Vt. -
Attorneys for the State of Vermont and Entergy, owner of the Vermont Yankee Nuclear Power Plant, are preparing for a major showdown on Monday.
That's when a hearing is scheduled in a lawsuit before the Second Circuit Court of Appeals in New York City.
"Monday's argument is very important," says Cheryl Hanna, Vermont Law School professor.
Hanna says the State of Vermont has a tough job ahead. That's because a year ago, a federal judge, Garvan Murtha, ruled Vermont could not shut the Vernon, Vt. plant down.
"And the second circuit will decide if Judge Murtha got the law right essentially," says Hanna.
At issue, a Vermont law that required Yankee to get the okay from the legislature to keep running.
Entergy argues that was really about safety concerns, which is the role of the federal government. The state disagrees.
Now it's up to federal judges to decide who is right.
"It's going to signal whether or not the federal courts are willing to allow a state to shut down a federally regulated nuclear power plant or not," says Hanna.
For this round, Hanna says both sides have hired expensive attorneys who are used to big time cases. Though she says that might not be enough for Vermont to win.
"I do think that federal law has always favored Entergy in the this case," says Hanna.
Legal experts don't expect any resolution in the federal courts anytime soon. A decision from the second circuit which could take a year could be appealed.
Eventually the case could end up at the Supreme Court.
