Judge rules radioactive water can be released into the Hudson River

The former Indian Point Energy Center, located in Buchanan, NY, some 25 miles north of New York City.  Photo Credit: Wikimedia Commons/Tony Fischer

By Frank Brill, EnviroPolitics Editor

A federal judge (U.S. District Judge Kenneth Karas) ruled on Wednesday, September 24, that New York’s “Save the Hudson” law is invalid. The state law, enacted in 2023, banned the discharge of radioactive wastewater (including water containing tritium) into the Hudson River.

The court found that the state law interferes with federal authority over nuclear matters, specifically radiological safety and waste disposal, which is regulated by the Nuclear Regulatory Commission (NRC).

Holtec International, the company overseeing the decommissioning of the Indian Point nuclear plant, had challenged the New York law. The ruling allows Holtec to discharge treated radioactive wastewater, provided it remains within federal standards/regulations.

Local officials and environmental groups strongly oppose the plan. They warn that the ruling undermines decades of effort to rehabilitate the Hudson, and risks harm to ecosystems, drinking water, and public trust.

Some data points:

  • Holtec claims the discharges will comply with federal safety limits.

  • Opponents point out that tritium is a radioactive form of hydrogen that can be challenging because it behaves chemically like water, making removal difficult.

  • The judge’s ruling underscores that federal law preempts state law when the state law “categorically precludes” a federally accepted disposal method.

Key legal & technical issues

IssueDescription / Tension
Federal preemptionThe core of the court’s decision is that the state law is preempted by federal law — states can’t override or block federally licensed/disposed nuclear operations.
Regulatory authority & safety standardsThe NRC has exclusive authority in many areas related to nuclear safety, including radiological releases during decommissioning. The question is whether the proposed discharge truly stays within those limits.
Nature of tritium / radioactive waterTritium (a radioactive isotope of hydrogen) is difficult or impossible to remove from water in many cases, since its chemistry is nearly identical to ordinary water. That means many strategies focus on dilution and monitoring rather than filtration.
Appeal and delaysIt’s likely the state or environmental groups will appeal. Meanwhile, Holtec’s decommissioning timeline, budget, and engineering plans may be affected by continued litigation or regulatory scrutiny.

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Targeting blue states, Trump cuts clean energy projects in NJ, DE

By Julia Terruso, Philadelphia Inquirer

The Department of Energy is canceling hundreds of clean energy projects in Democratic-led states, including in New Jersey and Delaware, as President Donald Trump’s administration uses the government shutdown to make additional federal workforce and funding cuts.

Russell Vought, director of the Office of Management and Budget, said on Wednesday that the department would end funding for projects in 16 states totaling $8 billion.

“The Left’s climate agenda is being canceled,” Vought posted on X.

In Delaware, that appears to include two Energy Efficiency and Renewable Energy grants, one for the University of Delaware, and one for Chemours, a chemical company, according to a source familiar with the termination plan.

It wasn’t immediately clear what specific work the grants were funding, but the University of Delaware announced in 2021 two renewable energy-related projects backed by $4 million in grants. One explored the decision-making process for adopting solar energy and electric vehicle use, and another is related to the efficiency of solar panels.

Chemours in 2024 announced DOE grants totaling $60 million awarded under the Bipartisan Infrastructure Law to support green hydrogen technology.

Sen. Chris Coons (D., Del.) blasted the cancellation in a statement to The Inquirer.

“President Trump promised ‘energy dominance.’ Now, he’s destroying projects that are the key to that dominance, setting back energy innovation and putting us behind our adversaries,” Coons said.

Read the full story

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Pa could face a ‘double-whammy’ of government dysfunction

Standoffs over funding are piling up in Harrisburg and Washington, while trust in government is eroding.

By Julia Terruso and Gillian McGoldrick, Philadelphia Inquirer

    Pennsylvania school districts are taking out loans to keep schools running. Counties have had to furlough staff. Now, add to the ongoing state budget impasse a federal government shutdown threatening Pennsylvanians’ paychecks and some critical social service benefits.

    Welcome to the swing state of dual governmental dysfunction, where legislative standoffs at two levels could cause headaches for residents whose distrust in government and frustration with polarization has only grown.

    The state budget impasse — with funding nearly three months overdue — has held up billions of dollars in state payments for critical government services, from public schools to county behavioral health programs. The late budget, which is largely due to partisan disagreements between the GOP-controlled state Senate, Democratic-controlled House, and Democratic Gov. Josh Shapiro, has required many schools to take out loans to keep operating, and some counties have been forced to furlough staff or freeze spending.

    » READ MORE: Pennsylvania’s state budget is nearly 3 months late. Leaders still can’t agree on the basics.

    Standoffs over funding are piling up in Harrisburg and Washington, while trust in government is eroding.

    Now, Congress looks unlikely to meet its Oct 1 deadline to fund the federal government, leaving Pennsylvanians bracing for a political pileup that threatens to stall more paychecks and shutter services in one of the only states with a divided state government.

    “It takes disappointed and disillusioned Pennsylvanians and gives them one more data point that makes questions about the viability of their institutions real,” said Chris Borick, pollster at Muhlenberg College.

    Read the full story

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    Navigating Funding to Address PFAS in Drinking Water

    Meeting banner

    Join NJ Future to learn about accessing funding to address PFAS in Drinking Water.

    Recent federal EPA standards, along with a comprehensive legislative package in NJ addressing PFAS, are set to increase costs for water systems as they work to meet stricter MCLs. Private well owners may also face compliance expenses. While funding mechanisms, such as the Drinking Water State Revolving Fund, can provide financial assistance, higher rates for consumers might still be necessary, and companies may be held liable through settlements.

    Join us to discuss efforts to address PFAS and share the associated costs of treatment. Also, learn from SL Environmental Law Group about how they have successfully connected clients with PFAS settlement funding in other states. As we await the allocation of settlement funds in New Jersey, let’s explore ways to navigate the funding landscape in PFAS.

    Panelists: Moderator: Ben Dziobek, Community Outreach Specialist, Funding Navigator,  New Jersey Future Panelist: Kenneth Sansone, Senior Partner, SL Environmental Law Group PC
    Register Today!

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    Food waste ban boosting business in Massachusetts

    The ban has created more than 1,600 jobs and generated $390 million in industry activity

    By Audrey Trevarthan, Assistant Editor, Waste Today

    A recent report has determined the economic impact of the Massachusetts Department of Environmental Protection’s (MassDEP) ban on commercial food waste disposal. This initiative has contributed to the state’s economy, generating jobs and revenue. 

    In October 2014, MassDEP amended its existing waste ban regulations, adding commercial organic material to the list of materials banned from disposal in Massachusetts.  

    In November 2022, the waste ban regulations were amended again, lowering the quantity of organic material businesses and institutions are allowed to dispose of every year. The new rules lowered the threshold from one ton of food waste a week to half a ton a week. 

    According to the report, the ban has: 

    • created 1,676 jobs, resulting in $143 million in labor income;
    • generated an additional $194 million in economic value; and
    • cumulatively generated more than $390 million in industry activity.

    “Massachusetts is a leader in reducing food waste,” Massachusetts Gov. Maura Healey says. “Our state’s businesses and institutions have stepped up to innovate and reduce their waste, and this report shows that the long-term impacts are positive. Finding an alternative to throwing away good food is a boost for our communities, our economy and our environment.” 

    The disposal ban targets businesses and institutions that generate more than half a ton of food waste per week, including supermarkets, colleges, hotels, hospitals, nursing homes, restaurants, and food service providers. These entities must redirect their food waste from landfills to sustainable solutions, such as food recovery services, composting, and anaerobic digestion.  

    “This report reaffirms our commitment to reduce, reuse, and recycle here in Massachusetts,” Lt. Gov. Kim Driscoll says. “Massachusetts has created the necessary infrastructure to ensure good, healthy food does not go to waste. For our cities and towns, this means getting food to those who need it first and foremost. It means jobs for our residents, and it conserves resources and supports local budgets.” 

    The number of facilities participating in food waste services has increased from 1,350 in 2014 to an estimated 4,150 in 2024. This growth has stimulated economic activity in related sectors, benefiting communities across the state, MassDEP says. 

    Read the full story

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    Eric Adams withdraws from New York City mayor election race


    By Katie Tarrant, Sarah Ellison, The Washington Post

    New York Mayor Eric Adams said Sunday that he is dropping his reelection bid, saying in a recorded video message, “Despite all we’ve achieved, I cannot continue my reelection campaign.”

    The Democrat, who has led the city since 2022, faced pressure to drop out of the race — particularly from President Donald Trump — to consolidate more support for former New York Governor Andrew M. Cuomo. Cuomo is running as an independent candidate against the Republican nominee, Curtis Sliwa, and the Democratic nominee and front-runner, Zohran Mamdani. Adams had been running as an independent, even though he was elected as a Democrat.

    Adams did not endorse another candidate in the race, and took veiled swipes at both of his erstwhile rivals, Mamdani and Cuomo.

    “New Yorkers should be suspicious of any politician or political movement that claims we must wholesale destroy the systems we created together over generations in order to usher in a new, untested order led by self-styled saviors,” he said in an apparent reference to Mamdani.

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