Indian Point update: Federal court affirms overturning of Save the Hudson Act
New York Attorney General has until Nov. 17 to file an appeal, while Holtec must provide 30 days notice of plans to discharge radioactive wastewater into the Hudson
October 23, 2025
Larissa Liebmann
Staff Attorney
Key takeaways
- A federal court issued a decision overturning the Save the Hudson Act, the state law that prevented discharges of radioactive wastewater into the Hudson from Indian Point.
- New York Attorney General Letitia James has until November 17 to file an appeal.
- At this time, Holtec, the company that owns Indian Point, may not discharge tritiated wastewater into the Hudson between May 1 and September 30, and must provide at least 30 days notice to New York State ahead of any planned discharges.
- New York State has the right to seek injunctions to stop Holtec from moving forward with any intended discharges before the appeal process is complete.
Following a federal ruling that would allow Holtec, the company that owns the decommissioned Indian Point nuclear power plant, to dump millions of gallons of radioactive wastewater into the Hudson River, and New York Attorney General Letitia James’s subsequent announcement that she plans to appeal the decision, there has been another development:
On Friday, October 17, the federal judge that presided over Holtec’s challenge of the Save the Hudson Act — the state law preventing the radioactive discharges — issued a “Final Judgment” on the matter. It’s not as final as it sounds.
This Final Judgment affirms the federal court’s ruling and directs the State and Holtec on how to comply. The Attorney General can still file a notice of appeal, provided it’s within 30 days of the court issuing the Final Judgment.
This means that the New York Attorney General has until November 17 to formally start the appeals process.
In addition to reaffirming the court’s decision that federal law supersedes the Save the Hudson Act, the judge also ordered Holtec and the State of New York to comply with an agreement they previously came to regarding the timing of tritiated discharges.
Under this agreement, Holtec will not discharge any wastewater from the spent fuel pools between May 1 and September 30 of any calendar year to avoid peak recreation season. Holtec is also required to provide New York State with at least 30 days notice if the company plans on discharging, and the state reserves its right — now and during the appeals process — to seek an injunction, a court order that would stop Holtec from moving forward with any intended discharges.
This agreement ensures that Holtec will not suddenly and without warning begin discharging tritiated water to the Hudson River. It also means the Attorney General’s office has a full 30 days to seek an injunction in an effort to prevent planned discharges by Holtec.
Riverkeeper appreciates New York State taking steps to protect the Hudson River while we await the Attorney General’s appeal. We also thank Governor Hochul for saying "no" to the idea of repowering the decommissioned Indian Point nuclear power plant. The Governor joins local leaders including Westchester County Executive Ken Jenkins, State Senator Pete Harckham, and Assemblymember Dana Levenberg in rejecting the notion. Proposals to bring nuclear power back to Indian Point ignore the substantial remediation needed to rid the site of its current radioactive contamination.
Riverkeeper holds a seat on the Indian Point Decommissioning Oversight Board where we continue to monitor the decommissioning of this shuttered nuclear facility along the banks of the Hudson River.
To join Riverkeeper’s efforts, please go to riverkeeper.org/join.
Related campaigns
Beyond Indian Point
Monitoring the shutdown of a nuclear power plant on the banks of the Hudson that killed billions of fish each year
Saving Hudson River fish
Protecting iconic species vital to our local ecosystems
Renewable energy transition
Working toward a sustainable future while protecting the Hudson River and its communities
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