NY AG to appeal ruling allowing Indian Point owners to dump nuclear waste into Hudson

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New York Attorney General Letitia James will appeal a court ruling allowing the owners of the shuttered Indian Point nuclear facility to resume dumping radioactive wastewater into the Hudson River.

Manhattan federal Judge Kenneth Karas struck down a state law last month that would prevent Holtec, the plant’s owners, from discharging waste water into the river.

Holtec filed a lawsuit shortly after the Save the Hudson law was passed in 2023. The judge ruled that New York overstepped its authority by preventing Holtec from releasing radioactive waste from Indian Point, which the facility has been doing lawfully for decades. The ruling stated that only the federal government has the authority to regulate nuclear discharges.

But states have significant authority over water discharge and pollution, and James said in a statement that the federal court decision was misguided.

“We must ensure that the Hudson River and its surrounding communities are protected for future generations,” James said. “Indian Point must be decommissioned responsibly, and my office will be appealing this decision to defend New Yorkers and our natural resources.”

The wastewater released by the former plant contains tritium, which the Nuclear Regulatory Commission says is a mildly radioactive type of hydrogen. Tritiated water is chemically indistinguishable from normal water and cannot be filtered.
 

Humans are exposed to tritium through air and water. The releases from Indian Point are within federal standards, but nuclear experts have expressed uncertainty about what a safe level of exposure is and whether exposure has been studied enough. Gothamist previously reported that when tritium chemically embeds into organic matter, such as plants and animals in the food chain, its radiation dose can intensify tenfold.

“Holtec’s plan to release millions of gallons of tritiated wastewater into the Hudson River will depress interest in tourism and recreation in the Hudson Valley,” Tracy Brown, president of the environmental advocacy group Riverkeeper, wrote in a statement. The organization focuses on protecting the Hudson River. “After how far we have come in remediating both the Hudson and people’s relationship with it, this is the last thing our communities need.”

Theoretically, Holtec can resume with its plan to release 45,000 gallons of tritiated water, which is the cheapest viable option for disposing of the waste. The company has not released a date for the discharge but expressed support for the judge’s decision.

“We are pleased with recent federal court ruling, as it has always been our contention that radiological water discharge falls under the purview of the federal government and the [federal Nuclear Regulatory Commission], we will continue to decommission the Indian Point site in an environmentally responsible manner working with local, state and federal stakeholders,” Patrick O’Brien, Holtec’s director of government affairs and communications, wrote via email.

Holtec said it doesn't plan to release the waste until the legal fight has concluded.

Westchester County Executive Ken Jenkins asked the commission “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.”

Gov. Kathy Hochul’s office did not immediately respond to a request for comment.