A federal court has ruled that a nuclear plant in New York can dump radioactive waste into the Hudson River, a decision that overrides a 2023 ban on releasing treated wastewater into the river.

What's happening?

As Surfer Magazine reported, the ruling will allow Holtec, a nuclear-power-focused energy company, to release around 45,000 gallons per year of treated wastewater from the decommissioned Indian Point plant into the Hudson. 

The site is only 40 miles from Rockaway Beach, one of the most popular surfing locations in the state and the only one within NYC's limits. 

U.S. District Judge Kenneth Karas ruled that federal authority over nuclear regulation supersedes the prior ban that was the result of the "Save the Hudson" campaign, which was in response to a proposal by Holtec to release radioactive wastewater into the river. 

Holtec will now be allowed to dump the materials — mostly tritiated water, which Surfer explained "contains the nuclear-energy byproduct tritium  — into the Hudson, with around 1.5 million gallons expected to enter the river in the next several years. 

Even though the 45,000 gallons set to be dumped annually is within safe limits, according to the federal government, the public and environmental organizations like Riverkeeper worry about how the waste will affect people's health and the surrounding ecosystem.

"The biggest concern that Riverkeeper and NY lawmakers have is how it will impact the public's perception of the Hudson," Larissa Liebmann, an attorney with Riverkeeper, told Surfer.

Why is the dumping of radioactive waste concerning?

While the U.S. Department of Defense noted that tritium is "relatively harmless" and that most of it is excreted through urine and sweat, a study published in ACS Chemical Health & Safety found that it can cause "significant internal radiation damage" if ingested in large doses. 

Even though it's unlikely anyone would inhale enough of the byproduct to cause serious harm, some scientists have expressed concern about releasing tritium in waterways. 

"We really don't know enough about how tritium behaves in the environment [at diluted levels] to assess potential long-term consequences to the environment, to the food chain, and ultimately to humans," Timothy Mousseau, biologist at the University of South Carolina, told Chemical & Engineering News.

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There are also concerns that fewer people will want to surf and swim in the Hudson because of the new regulations. 

Surfer reported that the river had only recently become a "viable recreational waterway" and that dumping radioactive waste may deter people from visiting.

What is Holtec doing to protect the public?

"Holtec has a very simple means of greatly reducing the risk," Liebmann told Surfer. "It has a 12-year halflife. Could just store it for 12 years and radioactive levels would be halved. That would go a long way towards making the public feel safer and continue wanting to interact with the Hudson River."

Riverkeeper also suggested running additional tests to ensure the tritiated water won't negatively affect the Hudson, along with public awareness campaigns, to minimize its impact. 

Nuclear energy offers numerous benefits for the climate, including producing reliable, low-carbon electricity, stabilizing the energy grid, and having a small physical footprint. If waste is properly managed, nuclear has the potential to create a greener, healthier future.

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