The protection of the Hudson River, defined by the Governor of the State of New York, Kathy Hochul, as “one of the most important natural treasures of New York”, has undergone a significant setback. A sentence issued by the US district judge Kenneth Karas canceled the “Save the Hudson” state law of 2023, opening the road to the exhaust of about 45,000 gallons of radioactive water (equal to about 170 thousand liters) from the abandoned nuclear power plant of Indian Point.
The decision sides with the company responsible for dismantling, Holtec International, who had sued the state by claiming that the regulation of the unloading of nuclear waste would fall exclusively in the competence of the federal government. Judge Karas gave Holtec right, writing that the 2023 law “categorically prevents Holtec from using a disposal method accepted at the federal level”, reads the New York Post. The company also recalled that it has regularly carried out similar discharges during over fifty years of the plant activity.
The “environmental victory” vanished
The “Save the Hudson” law (S.6893/A.7208) had been signed by the Governor Hochul in August 2023, with the aim of “protecting the economic vitality of the Hudson river region” and “limit the discharges of any radiological substance in the Hudson river”. At the time of the signature, the initiative had been celebrated as a “historical and fundamental law”.
Numerous local officials and activists had expressed their applause, recognizing the importance of protecting the river from Holtec, whose exhaust plan was seen as an act of clear “contempt for the safety of our communities”. The Senator of the State Pete Harckham had called her “one of the greatest environmental victories in the history of the state”.
The deputy Jamaal Bowman had expressed a clear position: “Download 4 million gallons of radioactive water in a river with a basin that houses over 8 million people is never an option”.
The president of the NGO Riverkeeper, Tracy Brown, had thanked the governor for acting on behalf of the “hundreds of thousands of New York”. Scenic Hudson had defined the bill as a crucial message: “The Hudson river is the source of our collective prosperity, not a landfill for industrial waste”.
The federal sentence has now overturned this result, sending a signal to pollutric companies, in stark contrast to the state’s commitment not to treat Hudson “as a toxic landfill”.
Trizio, Strazio and the fear of the communities
The water intended for the drain contains, as known in nuclear power plants, a slight quantity of radioactivity, mainly in the form of trizio. The United States Nuclear Regulatory Commission (NRC) classifies this contamination as a “small risk”.
However, Hudson Valley communities do not accept this compromise. The supervisor of the city of Cortlandt, Richard H. Becker, underlined the concern of all residents, including the seven communities that withdraw drinking water from the Hudson river. Despite the arguments on dilution, “most residents firmly believe that any radioactive exposure is excessive”.
The fear does not only concern trizio, but also the possible presence of “Strike and other toxic chemicals”. Activists and local officials insist that a safer alternative solution should exist. While praising the sentence, Holtec assured that he will continue to dismantle the system “in an ecologically responsible way, collaborating with the local, state and federal interested parties”.
The nuclear paradox and the increase in emissions
The story of Indian Point, closed in 2021, also reveals a profound paradox in the energy strategy of the New York state. The Governor Hochul, despite having been on the front line for the protection of the Hudson, had criticized the closure of the plant defining it myopian.
Hochul publicly said: “By doing so, we turned off a quarter of New York City electricity, transforming it almost entirely into clean energy”. The direct consequence, according to the governor, was the obligation to “burn more fossil fuels” to make up for the energy deficit, leading to an increase in greenhouse gas emissions in the southern region of New York.
In this climate of growing energy demand, Holtec recently expressed his interest in reopening Indian Point. Patrick O’Brien, director of Holtec’s government affairs, said that “only time, money and political will would be necessary for reopening. Despite this, a representative of the Hochul office said that the administration is still planning to proceed with total divestment, looking for alternatives to the exhaust.
