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"U.S. District Judge Kenneth Karas agreed, ruling last week that the state ban is unconstitutional and that only the federal government has the right to regulate what is discharged from the decommissioned nuclear plant.
Representatives for state Attorney General Letitia James, who represented New York in the case, did not comment on the record about the judge’s decision or whether the state planned to appeal.
The three-unit Indian Point nuclear power plant just south of Peekskill permanently shut down in 2021 after nearly 60 years in operation as part of the Consolidated Edison Company. Within a month of its closure, the state Public Service Commission approved the sale and transfer of the facility to Holtec, which specializes in decommissioning former nuclear sites and disposing of spent fuel."