ENTERGY NUCLEAR VERMONT YANKEE, LLC, ENTERGY NUCLEAR OPERATIONS, INC., Plaintiffs-Appellees-Cross-Appellants, v. PETER SHUMLIN, in his official capacity as Governor of the State of Vermont, WILLIAM SORRELL, in his official capacity as Attorney General of the State of Vermont, JAMES VOLZ, in his official capacity as a member of the Vermont Public Service Board, JOHN BURKE, in his official capacity as a member of the Vermont Public Service Board, DAVID COEN, in his official capacity as a member of the Vermont Public Service Board, Defendants-Appellants-Cross-Appellees., 733 F.3d 393

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HOLDINGS: [1]-The district court properly held that the entirety of Act 160, 2005 Vt. Acts & Resolves 160, and Vt. Stat. Ann. tit. 10, § 6522(c)(2) and 6522(c)(4) were preempted on their face by the Atomic Energy Act of 1954, 42 U.S.C.S. § 2011 et seq., as the Vermont Legislature was improperly motivated by concerns relating to radiological safety in enacting the legislation; [2]-The district court erred in issuing an injunction on the basis of its finding mere intent on the part of the state officials to seek a favorable power purchase agreement (PPA) where the court could not determine any direct impact on commerce in other states without the actual PPA, and thus, the issue was not ripe for judicial review; [3]-The claim that the State's efforts to obtain a favorable PPA violated the market-based tariff approved by FERC was not ripe for review.