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Federal Judge Overturns New York’s Indian Point Discharge Ban, Citing NRC Preemption

The decision leaves radiological discharge methods at the decommissioned plant under federal oversight.

Overview

  • U.S. District Judge Kenneth Karas ruled that New York’s 2023 “Save the Hudson” law is preempted because it blocks a federally accepted disposal method.
  • He wrote the statute “categorically precludes Holtec from utilizing a federally accepted method of disposal” and directly affects radiological safety decisions.
  • Holtec said it will proceed with decommissioning and maintains its plan to release treated, diluted tritiated water complies with NRC licenses and standards.
  • The company previously warned the state ban could have delayed completion to 2041, and the New York attorney general’s office did not comment after the ruling.
  • New York officials had alleged unlawful discharges in late 2023, which Holtec contends involved groundwater and stormwater not tied to decommissioning.