NY State Supreme Court upholds Indian Point Decision

The sad thing is that this fish kill has been occurring for over 40 years. Despite the CWA, Con Ed was permitted to continue operating in this manner as compensation for being blocked by a lawsuit from building a larger plant called Storm King further up the river in the 80's. The Riverkeeper folks finally got a ruling from the DEC against this plant in 2003 - it took another 6 years to get the appeals through the courts. Much like the Exxon Valdez saga - the current owner Entergy is a big money corporation that can delay action for decades by using the courts.

Via Riverkeeper:
NY State Supreme Court Affirms that Indian Point Adversely Impacts Fish Riverkeeper and DEC claim victory in effort to bring plant into compliance with CWA

(Tarrytown, NY) On June 22, 2009, The Supreme Court of the State of New York ruled in favor of Riverkeeper and the Department of Environmental Conservation (DEC) and dismissed Entergy’s petition to overturn a decision by the Department of Environmental Conservation (DEC). That decision, released on August 15, 2008, determined that Indian Point’s cooling water intake system causes adverse environmental impacts on Hudson River fish.

In October 2008, Entergy filed a lawsuit challenging DEC’s determination. On behalf of Riverkeeper and Scenic Hudson, Riverkeeper Attorney Victor Tafur filed a motion to have Entergy’s suit dismissed on the grounds that the claims are premature, and that DEC established “adverse environmental impact,” in large part, by relying on Entergy’s data.

Read the entire press release here.