NEW YORK (Legal Newsline) - Holtec International says the State of New York has usurped the exclusive power of the federal government to regulate discharges at nuclear power plants.
Holtec International - along with its subsidiaries Holtec Indian Point 2, LLC, Holtec Indian Point 3, LLC, and Holtec Decommissioning International - on April 18 filed a lawsuit against the State of New York in federal court.
The plaintiffs allege that the state has infringed on the federal government's exclusive right to regulate the discharge of radioactive materials from nuclear power plants. The case is centered around a recent law enacted by New York prohibiting the discharge of radiological substances into the Hudson River.
The plaintiffs argue that this law infringes on the exclusive authority of the federal government and the Nuclear Regulatory Commission under the Atomic Energy Act. They are seeking a declaratory judgment from the court that this law is preempted by federal law.
"Moreover, while enacting ECL Article 30, the State attempted to hide its efforts to regulate radiological health and safety under the guise of economic concerns," the suit says
"This false pretense does not change the fact that the State is attempting to regulate matters with a direct effect on radiological safety."
James Catterson and other lawyers at Pillsbury Winthrop represent the plaintiffs.