Given Judge J. Garvan Murtha's recent rulings against efforts to close Vermont Yankee, perhaps Vermont should now consider invoking its own Constitution - in particular, Article 7.
Here's what Article 7 says in layman's terms: “The government shall be instituted for the common benefit of the people and for the people's defense and security. No one person, family, or group is to be singled out for more benefits of government over any other. The people have ultimate control of the government, and have an absolute right to change it in any way decided by the community.”
The word “safety” is not contained in Article 7.
Clearly, in the aftermath of Fukushima and the fact that Vermont Yankee has the very same Mark I reactor that melted down in Japan, Vermont's Constitution provides sound guidance for the “defense and security” of its people as mentioned above.
If, after closing Vermont Yankee under Article 7, the Federal Government declares Vermont's Constitution to be “unconstitutional,” I think a lot of Vermonters would, and should, be rightfully outraged at such a declaration.