A U.S. District Court judge has ruled that Holtec International may proceed with plans to discharge more than one million gallons of radioactive wastewater from the closed Indian Point nuclear power plants into the Hudson River, determining that federal authority over nuclear discharges supersedes New York’s “Save the Hudson” Act.
The decision clears a major legal hurdle for Holtec, which has argued that oversight of radiological releases falls under federal jurisdiction. Opponents contend the ruling weakens state environmental protections and sets a troubling precedent for future nuclear decommissioning projects.
Three attorneys closely involved in the issue—Deborah Porder of the Stop Holtec Coalition, Michel Lee of United for Clean Energy, and S.D. Smith, known as “Owl,” attorney general to the Ramapough Munsee Lenape Nation—outlined what they described as serious environmental, health, legal and economic concerns.
Smith emphasized the Hudson River’s tidal, fjord-like dynamics, explaining that contaminants introduced into the river can disperse widely, persist over long timeframes and cycle repeatedly through aquatic ecosystems and human communities. He framed the discharge proposal as part of a broader pattern of industrial decision-making that prioritizes short-term economic considerations over long-term environmental integrity.
Lee focused on tritium, a radioactive form of hydrogen present in the wastewater. Because tritium bonds with oxygen to form tritiated water, he said, it can move easily through living systems. Once inside the body, it distributes to cells and can incorporate into tissues, potentially resulting in prolonged internal radiation exposure.
Porder cited studies linking proximity to nuclear facilities with elevated cancer risks and adverse pregnancy outcomes, noting that tritium can cross the placenta and enter breast milk.
The attorneys called for stronger regulatory oversight, renewed public engagement and a transition toward renewable energy sources they describe as safer and more sustainable.