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US judge issues major ruling as nuclear power plant is dismantled: 'A real step backward'

"The statute directly and substantially affects decisions concerning radiological safety levels."

"The statute directly and substantially affects decisions concerning radiological safety levels."

Photo Credit: iStock

A federal judge ruled that a company dismantling a nuclear power plant doesn't need to follow New York law as it disposes radioactive waste.

What's happening?

As Reuters reported, New York's law was designed to limit the amount of contamination that would enter the Hudson River. U.S. District Judge Kenneth Karas ruled that this law illegally superseded federal mandates and could not stand.

Holtec International is dismantling the former Indian Point nuclear power plant in Buchanan, New York. It plans to release millions of gallons of radioactive water containing tritium into the Hudson in the process. The company claims that the process follows all regulations and guidelines from the Nuclear Regulatory Commission.

New York Gov. Kathy Hochul signed a law in 2023 that would have prohibited all discharge of radioactive material into the Hudson. This prompted a Holtec lawsuit.

"By requiring Holtec to change the method by which it disposes of tritiated water, the statute directly and substantially affects decisions concerning radiological safety levels," Karas wrote in his decision, as reported by Reuters.

Why is this concerning?

Supporters of the state law said it would help keep the Hudson River clean. This law is vital since the Hudson helps provide drinking water to millions in New York, including the New York City water supply.

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But even before this lawsuit, Indian Point's closing was the focal point of considerable debate. Because of the risk of nuclear discharge and contamination, environmentalists praised the closure when it was first announced in 2017. This happened despite how the plant provided air pollution-free energy since the 1960s and was one of the state's 10 largest electricity generators.

Officials claimed renewable sources like wind and solar would replace the vast majority of Indian Point's generation. But that hasn't been the case. Instead, natural gas has been the biggest beneficiary, which means more heat-trapping pollution is being pumped into our atmosphere.

"From a climate change point of view it's been a real step backward," Cornell energy policy expert Ben Furnas told the Guardian last year.

What will happen next?

The United States currently has 54 active nuclear power plants. The plants have a total of 94 reactors and generate roughly 18.2% of the nation's electricity.

There's a chance that number could soon increase to 55. Holtec has reportedly considered reopening Indian Point at a cost of $10 billion. Doing so would require support from both the federal and state governments.

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