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Wednesday, April 8, 2020

New York's highest court affirms licensing requirement for Indian Point nuclear power facility

By Mark Iandolo | Dec 2, 2016

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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 coastal zones.

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.


“Today’s 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 statement.

“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.”

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