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New York law limiting radioactive Indian Point discharges annulled by US judge

New York law limiting radioactive Indian Point discharges annulled by US judge

On Wednesday, a federal judge ruled that a New York state law intended to limit the potential contamination of Hudson River by a nuclear power plant was overridden by federal law.

The state law was declared unconstitutional by U.S. District judge Kenneth Karas of White Plains, New York because it severely restricted Holtec International in its decision-making regarding the safe disposal of radioactive material.

Holtec filed a lawsuit to block a law that was signed by Governor Kathy Hochul in 2023, which made it illegal for radioactive materials to be discharged into the Hudson as part of the decommissioning process. This came after environmentalists raised safety concerns.

The company has offices in Camden (New Jersey) and said that its plan to dispose millions of gallons tritiated, a form of radioactive water, complied the licenses of the Nuclear Regulatory Commission.

The New York law may also delay the planned decommissioning of Indian Point until 2041.

The office of New York Attorney-General Letitia J., which defended state law, didn't immediately respond to comments.

Indian Point, which is scheduled to close in 2021, was a target of opposition by nuclear opponents in part due to its proximity with New York City. The complex is situated in Buchanan (New York), about 45 miles north of Midtown Manhattan.

JUDGE: NEW YORK CAN'T BAN WHAT FEDERAL LAW ALLOWS

Karas stated in his 32-page ruling that the law "categorically prohibits Holtec from using a federally approved method of disposal."

He added that "by requiring Holtec change the way it disposes tritiated wate," "the statute directly affects and significantly impacts decisions regarding radiological safety levels."

Karas rejected New York's claim that Holtec had to have provided alternative methods of complying with the discharge laws.

Holtec expressed its satisfaction with the ruling and said that the NRC and federal government should be responsible for regulating radiological water discharge.

Holtec said, "We will continue decommissioning the Indian Point site responsibly and in collaboration with local, federal and state stakeholders."

Politico reported earlier this month that Holtec had floated the possibility of restarting Indian Point for an estimated cost of $10 billion, if the administrations Hochul and U.S. president Donald Trump supported the idea.

Holtec International et al v New York is the case. U.S. District Court for Southern District of New York No. 24-02929. (Reporting and editing by Daniel Wallis in New York, Jonathan Stempel)

(source: Reuters)