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Holtec International, the company that owns the now-shuttered Indian Point nuclear power station, is suing the state of New York over a law passed last year that prohibits the release of treated wastewater into the Hudson River. The law aimed to block routine releases of tritium, a radioactive isotope, into the environment, following the decommissioning of the plant. The company argues that the state law violates federal regulations governing radioactive materials.

Tritium, a weak radioactive isotope of hydrogen, is commonly released by nuclear power plants into surrounding waterways during normal operations. Despite its weak nature and short half-life, tritium has raised concerns, particularly when plants are decommissioned. Holtec’s lawsuit against New York State alleges that the state’s law restricting radiological discharges interferes with federal regulations giving the U.S. Nuclear Regulatory Commission sole authority over such releases.

The Biden administration has recently allocated significant funds towards maintaining and even expanding the U.S. nuclear fleet. This includes offering billions in re-licensing Diablo Canyon in California and providing funding for research into new reactor technologies. The federal government also bears responsibility for handling radioactive waste from nuclear plants. However, challenges remain in finding a permanent disposal site due to regulatory constraints related to the mothballed Yucca Mountain project.

States like Massachusetts and New Mexico have also taken actions to regulate tritium release from decommissioned nuclear plants owned by Holtec. Despite concerns over potential health impacts, studies have failed to conclusively link tritium exposure to cancer. There are limits on tritium releases into waterways set by regulators worldwide, despite the challenge of accurately detecting tritium in the environment. Industry experts and scientists continue to monitor the environmental impacts of tritium.

The closure of Indian Point has left New York City heavily reliant on fossil fuels for electricity generation, increasing concerns over air pollution and climate change. Radiation risks have been debunked in some studies, highlighting the importance of understanding the impacts of different forms of pollution. While nuclear energy may prove beneficial in reducing carbon emissions, challenges remain in managing radioactive waste and public perception of nuclear power. The debate over tritium release highlights the complex issues surrounding nuclear energy and environmental regulation.

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