On September 7, 2012, WLF filed a brief urging the U.S. Court of Appeals for the Second Circuit to affirm a district court’s holding that federal law preempts an effort by Vermont lawmakers and regulators to effectively shutter operations at the Vermont Yankee Nuclear Power Station (“Vermont Yankee”) in Vernon, Vermont. In its brief, WLF argued that under the Federal Power Act, Congress granted the Federal Energy Regulatory Commission (“FERC”) exclusive jurisdiction over the wholesale sale of electric energy in interstate commerce. As a result, a plan by Vermont politicians and regulators to condition Vermont Yankee’s continued operation on special below-market power rates for Vermont consumers is preempted by the Supremacy Clause. WLF also argued that, by requiring Vermont Yankee to provide in-state electric utilities with more favorable rates than out-of-state electric utilities, Vermont’s scheme runs afoul of the dormant Commerce Clause.

Awaiting decision.