If construction is delayed by an injunction
Can you name an example? Because the reactor constructions that I’ve seen get delayed have run into plain old engineering problems. The 4 proposed new reactors at Vogtle and V.C. Summer ran into cost overruns because of production issues and QA/QC issues requiring expensive redesigns mid-construction, after initial regulatory approvals and licensing were already approved. The V.C. Summer project was canceled after running up $9 billion in costs, and the Vogtle projects are about $17 billion over the original $14 billion budget, at $31 billion (and counting, as reactor 4 has been delayed once again over cooling system issues). The timeline is also about 8 years late (originally proposed to finish in 2016).
And yes, litigation did make those projects even more expensive, but the litigation was mostly about other things (like energy buyers trying to back out of the commitment to buy power from the completed reactors when it was taking too long), because it took too long, not litigation to slow things down.
The small modular reactor project in Idaho was just canceled too, because of the mundane issue of interest rates and buyers unwilling to commit to the high prices.
Nuclear doesn’t make financial sense anymore. Let’s keep the plants we have for as long as we can, but we might be past the point where new plants are cost effective.