ALBANY, N.Y. — A federal judge recently overturned New York’s Hudson Rescue Act, which aimed to stop Holtec International, the owner of the decommissioned Indian Point nuclear power plant, from discharging over 1 million gallons of radioactive wastewater into the Hudson River.
Despite this ruling—and her willingness to consider expanding nuclear energy—Governor Kathy Hochul has firmly stated she won’t be reopening the plants.
“Let me be clear: No,” Hochul expressed in a letter to Westchester County Executive Ken Jenkins.
Entergy, which previously owned the Indian Point Energy Center, closed its last reactor in April 2021. Shortly after, Holtec took ownership of three nuclear plants in Westchester County, located along the Hudson River.
The decommissioning process at the plant involves removing equipment, reducing any residual radioactivity, and dismantling the facility, with plans to wrap it up by 2033.
The U.S. District Court for the Southern District of New York ruled in favor of Holtec in an April 2024 lawsuit, stating that state laws can’t prevent the discharge of radioactive wastewater from decommissioned nuclear sites. According to the court, federal laws like the Atomic Energy Act take precedence over state law, thus giving the federal government sole authority in such matters.
The judge found that the legislation was not designed to safeguard public health or the environment from federally regulated issues. Hochul and Attorney General Letitia James declared they would appeal the ruling, arguing that the law serves as vital protection for the Hudson River and benefits the region’s economy through tourism and property values.
Jenkins praised the decision to appeal, emphasizing, “The Hudson River is the lifeblood of our region, a source of recreation, natural beauty, and economic vitality. We must do everything in our power to protect it.” In her correspondence with Jenkins, Hochul addressed concerns about potentially restarting the Indian Point facility or constructing a small modular reactor in its place.
“There was no discussion or planning,” the governor remarked. “I do not support such efforts.”
Environmental organization Riverkeeper criticized the ruling, viewing it as a setback for the restoration of the Hudson River. Following Holtec’s announcement regarding the wastewater release, Riverkeeper collaborated with local officials to enact the Hudson Rescue Act of 2023.
The wastewater in question contains tritium, a radioactive hydrogen isotope produced during nuclear fission, which complicates filtration as it bonds with oxygen. The law, enacted by Hochul in August 2023, allows the attorney general to impose steep civil penalties for violations of the ban on discharges.
This legislation was a direct response to Holtec’s proposal to release between 1.3 million to 1.5 million gallons of tritiated water into the Hudson from various storage facilities. Holtec has argued that their release plan is the safest option, claiming it’s only 5% of what the plant had previously discharged and complies with federal standards.
The company planned to start dewatering in batches but paused to allow for independent environmental testing. The Nuclear Regulatory Commission (NRC) has set the maximum contaminant level for tritium, but there are varying state standards, such as California’s stricter targets.
Regulations from the NRC dictate how radioactive materials can be disposed of, generally focused on public exposure rather than the volume released. For context, in 2021, the public received a calculated dose from Indian Point of roughly 0.012 millirem—a small fraction of the federal limit. The NRC does permit various disposal methods, including waste transport, stashing for decay, or environmental release.
However, critics are concerned that discharging this water could harm the local economy and public trust, jeopardizing the Hudson River’s health, particularly as more people utilize it for recreation. Some are advocating for alternatives like storing the contaminated water while it decays over its 12-year half-life.
Yet, delays in the decommissioning process may force Holtec to reduce its workforce. The company has extended decommissioning timelines for two other locations due to rising costs and market challenges.
In her communication to Jenkins, Hochul reaffirmed her support for nuclear power within New York’s energy strategy, proposing that any new plants would be positioned in northern regions where they’re welcomed. She mentioned the incorporation of renewable sources like the Champlain-Hudson Power Express to meet New York’s energy needs.
Hochul characterized prior decisions to close Indian Point as rushed, contributing to increased emissions, a situation the state has yet to rectify, resulting in a loss of significant power supply without a backup plan.
See the letter below.
