A federal judge has struck down a New York bill aimed at banning the release of radioactive waste from the closed Indian Point nuclear plant into the Hudson River.
The decision, issued by U.S. District Judge Kenneth Karas in White Plains, ruled that New York’s 2023 Save the Hudson bill, signed by Governor Kathy Hochul, conflicts with federal oversight of nuclear facilities. Karas said the Nuclear Regulatory Commission holds exclusive authority regarding the regulation of safety and waste disposal.
The ruling opens the door for Holtec International, a New Jersey-based company tasked with dismantling Indian Point, to move forward with plans to release treated water containing tritium into the river. Holtec has argued the process is safe and will comply with federal standards.
The decision has drawn sharp criticism from Hudson Valley officials and environmental activists, who organized a protest against the decision earlier this week. Westchester County Executive Ken Jenkins said the court ignored the intent of New York lawmakers to protect public health and the environment. Rockland County Executive Ed Day warned that the move could erase decades of restoration that brought back bald eagles, sturgeon and dolphins to the Hudson River.
The Hudson River supplies drinking water to over 100,000 people. It has long been the focus of clean-up efforts after years of industrial pollution.
Located just 25 miles north of New York City, Indian Point shut down in 2021 after nearly six decades of operation. Holtec acquired the plant soon after, assuming responsibility for decommissioning and fuel storage.
Critics fear that discharges could jeopardize recent signs of ecological recovery, including the return of dolphins to the river in recent years. Proponents of the decision say waste dumps will be monitored and adhere to strict protocols to keep releases within safety limits.
The ruling is a major setback for state officials who had sought tighter protections. Critics are sounding the alarm that the health of wildlife and residents alike is in jeopardy. The future of the Hudson’s health is now in the hands of federal regulators.
The New Jersey Digest is a new jersey magazine that has chronicled daily life in the Garden State for over 10 years.