On September 24, 2025, U.S. District Judge Kenneth Karas in White Plains, New York, issued a ruling in the case Holtec International et al. v. The State of New York (No. 7:24-cv-02929), siding with Holtec International, the owner of the decommissioned Indian Point nuclear power plant. The decision voids a 2023 New York state law (the “Save the Hudson Act”) that prohibited the discharge of any radiological wastewater into the Hudson River during the plant’s decommissioning process.
Among the key details:
Background: Indian Point, located about 35 miles north of New York City, ceased operations in 2021. Holtec plans to release treated radioactive wastewater (primarily containing tritium) into the Hudson, a method it says is safe, federally approved by the Nuclear Regulatory Commission (NRC), and similar to discharges during the plant’s active years. The state law aimed to block this to prevent potential river contamination, sparking environmental opposition and delaying decommissioning from 2035 to 2041.
Ruling Rationale: In a 32-page opinion, Judge Karas held that the state law is preempted by federal law, as it “categorically precludes Holtec from utilizing a federally accepted method of disposal” and unduly interferes with the NRC’s authority over nuclear safety and radioactive materials management. The judge emphasized that while states can regulate non-radiological aspects, this law oversteps into federal domain.
Implications: The decision allows Holtec to proceed with planned discharges, which it states will be below federal limits and not imminent. Decommissioning can resume on its original timeline. Environmental groups and state Sen. Peter Harckham (a sponsor of the law) expressed disappointment, urging Gov. Kathy Hochul to appeal. New York Attorney General Letitia James has not yet commented on appeal plans.
Reactions: Holtec welcomed the outcome, reiterating its commitment to environmentally responsible decommissioning in coordination with stakeholders. Activists, including Westchester County Legislator Beth Davidson, rallied against the ruling, arguing it prioritizes corporate interests over community health.
This ruling aligns with broader federal preemption trends in nuclear regulation but has heightened tensions over Hudson River safety. No discharges are scheduled immediately, per Holtec.
Westchester County Executive Ken Jenkins said, “I am deeply disappointed by the federal court’s decision that federal law preempts New York law, allowing Holtec International to move forward with plans that could result in radioactive wastewater being discharged into the Hudson River. This ruling disregards the intent of New York’s law, that directed Holtec to use the tremendous amount of decommissioning funds available and use a more expensive method of disposal to protect both people’s lives and our environment.
“The Hudson is the lifeblood of our region – a source of recreation, natural beauty and economic vitality – and we cannot allow it to become a dumping ground for radioactive waste. Westchester residents, and all New Yorkers on both sides of the Hudson River, deserve better.
“I am calling for the NRC 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.”
