Federal Judge Kenneth Karas in White Plains has granted a motion for summary judgment in favor of the entities decommissioning the Indian Point nuclear powerplant that sought to prevent NewYork state from controlling what happens to radioactive water that is a waste material. The entities Holtec Decommissioning International, LLC, Holtec Indian Point 3, LLC, Holtec International, Holtec Indian Point 2, LLC, had sued New York state regarding the discharge of contaminated materials from the Indian Point nuclear plant into the Hudson River.
New York state had sought to enforce a state law that was signed into law by Gov. Kathy Hochul in 2023 making it illegal to discharge radioactive materials into the Hudson River in connection with the dismantling of a nuclear power plant. Holtec took the position that it is the U.S. Nuclear Regulatory Commission (NRC), not New York state, that controls the disposition of radioactive materials in the decommissioning of the power plant. Holtec alleged that the state law placed improper restrictions on what it could do.
In a 32-page order and opinion, Judge Karas granted Holtec’s motion for a summary judgment and denied a motion for a summary judgment made by New York state. Judge Karas is due to hold a status conference on the case at the federal courthouse in White Plains on Oct. 9.
By his ruling, Karas determined that New York’s law was overridden by federal law. Holtec had taken that position in the lawsuit it filed in April of last year.
In reaction to the decision by Judge Karas, Westchester County Executive Ken Jenkins said, “I am deeply disappointed by the federal court’s decision that federal law preempts New York law, allowing Holtec International to move forward with plans that could result in radioactive wastewater being discharged into the Hudson River. This ruling disregards the intent of New York’s law that directed Holtec to use the tremendous amount of decommissioning funds available and use a more expensive method of disposal to protect both people’s lives and our environment.
“The Hudson is the lifeblood of our region – a source of recreation, natural beauty and economic vitality – and we cannot allow it to become a dumping ground for radioactive waste. Westchester residents, and all New Yorkers on both sides of the Hudson River, deserve better.
“I am calling for the NRC to direct Holtec to stop this reckless action, and to protect the health and safety of our communities. The fight to safeguard the Hudson River is far from over.”
