⚖ Oral Arguments, with Context

The Second Circuit considers whether New York can stop Holtec from releasing water from the closed Indian Point nuclear power plant into the Hudson River. Holtec is decommissioning the plant, meaning dismantling it and dealing with its radioactive materials. The planned discharge includes tritium, a radioactive form of hydrogen. In twenty twenty-three, New York enacted a law banning radiological discharges into the Hudson connected with nuclear plant decommissioning, subject to federal law. Holtec sued, saying federal nuclear law leaves this disposal decision to the Nuclear Regulatory Commission. A federal district judge agreed, and New York is appealing that judgment. The key legal term is field preemption: federal law occupies an area of regulation, so states cannot regulate within it. Section twenty twenty-one of the Atomic Energy Act divides responsibility between federal and state regulators, while preserving state authority for purposes other than radiation hazards. New York will argue that its law protects economic interests and does not set radiation safety levels. Holtec will contend that nuclear decommissioning and licensed radioactive-waste disposal remain federal responsibilities, even though the reactors no longer produce electricity.

Holtec International v. The State of New York (No. 25-2657) — U.S. Court of Appeals for the Second Circuit, argued October 15, 2026.