Holtec Sues NY State Over Save the Hudson Bill
Rally held outside of Cortland Town Hall, photos by Erik Lindberg
Push for on-site storage comes as Holtec sues NYS over Save the Hudson Bill, passed last year to protect the environment, communities and economy from dumping radioactive waste into Hudson
On April 25, environmental advocates and organizations held a rally in support of on-site storage of the radioactive wastewater currently held at the decommissioning Indian Point nuclear facility. The push for on-site storage comes as Holtec, the company in charge of the plant decommissioning, announced a lawsuit against New York State for passage of the 2023 of the Save the Hudson Bill (S6893/A7208), which outlaws radioactive waste dumping into the Hudson River at Indian Point.
Following the rally, nuclear engineer and decommissioning expert Arnie Gundersen outlined a solution for on-site storage at a meeting of the Indian Point Decommissioning Oversight Board. The Board requested Gundersen’s participation in the meeting and submitted questions to him after viewing a video and an in-depth webinar sponsored by the Stop Holtec Coalition.
Food & Water Watch Senior New York Organizer Santosh Nandabalan said: “New Yorkers scored a tremendous victory when we successfully passed the Save the Hudson Bill. Radioactive nuclear wastewater does not belong in our water. We call on state leaders to stand strong and ensure on-site storage of radioactive waste at Indian Point, as the safest option for our environment, communities, and regional economy.”
Governor Hochul signed the “Save the Hudson” bill into law in August 2023, after it passed the NYS Senate 63-0, and the NYS Assembly 100-44. The legislation makes it illegal to discharge any radiological substance in the Hudson River in connection with the decommissioning of a nuclear power plant. This legislation was the culmination of advocacy by the Stop Holtec Coalition, a grassroots umbrella group of over 138 environmental organizations, over three counties and 35 municipalities calling for a halt to the dumping, and 450,000 online petition signers.
Holtec filed the lawsuit in Federal Court on April 18, and argues that Federal law, and the US Nuclear Regulatory Commission, supercedes New York State law in regulating nuclear waste, and that New York overstepped its authority when it passed the Save the Hudson Bill.
New York Attorney General Letitia James will represent NY State in the lawsuit. The discharge of nuclear waster into waterways has been approved in the past, and that is Holtec’s legal argument, that there plan to dump into the Hudson “satisfies NRC regulations and is well within federal limits on radiological discharges,” according to he lawsuit.
Safe Energy Rights Group cofounder Courtney M. Williams, PhD. said: “Holtec’s lawsuit is not surprising. They’re here to make money, not be a responsible neighbor. They don’t care if dumping hurts the rejuvenation of our riverfronts and the tourism it could bring. They don’t care if their dumping hurts the health of this community. The Union of Concerned Scientists has predicted Indian Point will flood twice a month by the year 2060. Given that there is nowhere for the nuclear waste to go, we must force Holtec to plan for storing the waste properly onsite. We need the state to stand strong. The Hudson River is the largest Superfund site in the nation thanks to GE and their dumping of PCBs in the river. Imagine if we could go back and stop that contamination. This moment is the closest we’ll get; we need to seize it.”
Tracy Brown, President of Riverkeeper, said: “Federal law allows for states to regulate their own interests, including economic interests. The Save the Hudson legislation is not only an appropriate use of state power, it is necessary to protect New York from the economic damages that would come from using the Hudson River as a dumping ground. Riverkeeper continues to advocate for storing the radioactive wastewater on site for at least twelve years, which is one half-life of tritium, while reasonable and advantageous disposal methods can be determined.”
Tina Bongar, co-organizer STOP HOLTEC Coalition, United For Clean Energy, said: “Now a leading national nuclear engineer and decommissioning expert Arnie Gundersen has said Holtec is capable of storing the wastewater safely on site without jeopardizing tourism and recreation along the Hudson River. Who wants to kayak, fish, swim, drink milk and eat apples from the Hudson Valley if fuel pool water is dumped in the Hudson River? Holtec needs to respect our communities and store the wastewater safely on-site.”
SD Smith, Attorney General, Ramapough Munsee Lenape Nation, said, “As descendants of the original Munsee people, we recognize our generation to generation relationships with the Hudson River and all that depend on the river for their wellbeing including economic livelihood. The name for the river in Munsee is “Mahicannituk” which means the river that flows both ways. The toxic chemicals produced by the Indian Point will persist in the environment for decades, centuries, millennia and eons in some cases. We must stop using our rivers as toxic waste dumps.”
The Indian Point Decommissioning Oversight Board (DOB), is holding public hearings in Westchester to consider options. On its website, DOB writes, “On April 18, 2024, Holtec Decommissioning International filed a lawsuit in the U.S. District Court – Southern District of New York challenging New York State’s 2023 enacted legislation pertaining to wastewater discharges from nuclear decommissioning sites on the Hudson River (S. 6893 / A. 7208). The Office of the Attorney General will review the complaint and represent the State. Given the active litigation, it is anticipated that Decommissioning Oversight Board meetings will forego discussion of the litigation and legislation. However, the DOB plans to continue planned presentations on 4/25 regarding alternative methods of wastewater removal.”
Alternative options other than dumping in the Hudson include, shipping the waste to licensed disposal facilities, or keeping the waste on site. The tanks would hold 400,000 gallons of waste, and after 12 years, the radioactivity of the waste is reduced by 50%.
Westchester County Executive George Latimer said, “As County Executive of Westchester County, I firmly stand behind the New York State law aimed at protecting the Hudson River, a cherished gem for recreation and tourism in our region. The State has rightfully taken measures to safeguard the health and integrity of our waterways.
“The law passed in 2023, which prohibits the movement of any radiological substance into the Hudson River during the decommissioning of a nuclear power plant, reflects our shared commitment to environmental protection and public safety. The Hudson River holds ecological and economic value for our communities, and it is our responsibility to ensure its preservation for current and future generations. Five County Executives, of both political parties, have stood up for protecting this river.
“We firmly believe that the State has acted in the best interest of our residents and the environment.”
Indian Point closed in 2021.
