NEW YORK (Legal Newsline) – New York Attorney General Eric
T. Schneiderman released a statement Nov. 21 regarding a New York Court of Appeals’ decision to affirm a licensing requirement for the
Indian Point nuclear power facility.
New York’s Department of State has power
under the federal Coastal Zone Management Act (CZMA) to regulate the state’s
coastal zone. Under the CZMA, companies must have permits to operate within
Entergy, the owner of the Indian Point nuclear energy facility, sued
the state on the grounds that the facility should be exempt from permitting due
to certain “grandfathering” provisions in the
program. The Supreme Court in Albany dismissed the lawsuit in 2013, but the appellate division reversed the ruling in 2014.
The Court of Appeals’
decision now reverses the appellate division’s ruling.
decision represents a major victory for the continued health and productivity
of our state’s environment. Among our most
important laws are those that protect sensitive ecosystems, including New York’s
lower Hudson River and its natural resources,” Schneiderman said in the
“The court has now made it clear that policies protecting
New York’s critical coastal resources are a necessary factor in
considering whether to re-license the Indian Point facility.”