By Dan Murphy
Governor Kathy Hochul and NYS Attorney General Letitia James said they will appeal a Judge’s recent decision to allow Holtec, the owner of Indian Point Power Plant, to dump radioactive waste into the Hudson River.
On September 24, 2025, U.S. District Judge Kenneth Karas in White Plains, New York, ruled in favor of Holtec International (the owner of the decommissioned Indian Point nuclear power plant) in the case Holtec International et al. v. The State of New York. The 32-page decision struck down New York’s 2023 “Save the Hudson Act,” which banned the discharge of radiological wastewater into the Hudson River during decommissioning.
The Save the Hudson Act was sponsored by State Senator Pete Harckham and Assemblywoman Dana Levenberg and was signed into law by Governor Hochul in 2023.
Judge Karas held that the state law is preempted by federal law, specifically regulations under the Nuclear Regulatory Commission (NRC), which exclusively govern radiological discharges from nuclear facilities. States can regulate non-radiological water pollution but cannot interfere with federally approved nuclear waste disposal methods.
The Save the Hudson Act “categorically precludes” Holtec from using a safe, NRC-approved method to dispose of approximately 45,000 gallons of treated radioactive wastewater. That number would remain below federal safety limits.
“We must ensure that the Hudson River and its surrounding communities are protected for future generations. Indian Point must be decommissioned responsibly, and my office will be appealing this decision to defend New Yorkers and our natural resources,” said NYAG James.
“Our decision to appeal the federal judge’s ruling is the right thing to do for New Yorkers. As I said when I signed this vital legislation into law, the Hudson River is one of New York’s landmark national treasures. It’s critical we stand together to protect it for generations to come to ensure the economic vitality of the region.”
Environmental groups, including Riverkeeper, pushed back, saying the water should remain on the site. State lawmakers from the Lower Hudson Valley joined the effort.
“I applaud New York State Governor Kathy Hochul and Attorney General Letitia James for challenging the recent federal court decision that allows Holtec International to move forward with plans that could result in radioactive wastewater being discharged into the Hudson River.
“The Hudson River is the lifeblood of our region—a source of recreation, natural beauty, and economic vitality— and we must do everything in our power to protect it. This appeal underscores New York’s commitment to preserving the integrity of our natural resources and standing up to corporate greed that would jeopardize them.
“Westchester County stands firmly with Governor Hochul and Attorney General James and all those fighting to ensure that the Hudson River is safeguarded for generations to come.”
Riverkeeper said, “As the health of the Hudson River improves, New Yorkers are experiencing more and more the incredible recreational opportunities that the river provides. After how far we’ve come in remediating both the Hudson and people’s relationship with it, Holtec’s plan to release vast amounts of tritiated wastewater into the Hudson is the last thing our communities need.
“Join Riverkeeper in the groundswell of public outcry against the discharges. Tell the New York Attorney General that the rights of New Yorkers matter Save the Hudson, not Holtec:
“Join Riverkeeper in celebrating the Attorney General’s decision to appeal and in continuing the fight to stop radioactive discharges into the Hudson. This victory belongs to the thousands who have already spoken out. Let’s keep the pressure on and remind our leaders: We must save the Hudson, not Holtec.”
Hotec’s planned dump into the Hudson does not coincide with their hopes of reopening Indian Point. With the vast majority of democratic lawmakers opposed to the plant’s opening, dumping wastewater into the Hudson is no way to try to win back support.
