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Indian Point Dealt Setback By State's Highest Court

Indian Point
Indian Point Photo Credit: File photo

New York State has the right to review all federal licensing applications for Indian Point owner Entergy, the Court of Appeals ruled on Monday.

Attorney General Eric T. Schneiderman called the decision “ ... a major victory for the continued health and productivity of our state’s environment. ... The court has now made it clear that policies protecting New York’s critical coastal resources are a necessary factor in considering whether to relicense the Indian Point facility.”

Entergy original sued the state, claiming it should be grandfathered in from coastal zone review. The case was dismissed by the State Supreme Court in 2013 and reversed by the Appellate Division in 2014, according to a release by the New York Attorney General's office.

Monday's ruling holds that the current relicensing application requires state review for consistency with New York’s coastal zoning policies, the AG's office said.

The New York Department of State denied a coastal consistency certification for Entergy’s relicensing application to the Nuclear Regulatory Commission in November 2015.

It determined that Entergy’s relicensing application did not comply with the state's federally-approved Coastal Management Program, particularly with respect to protections for coastal ecosystems, fish and wildlife resources and habitats.

Governor Andrew Cuomo is against renewing Entergy's applications and has said Indian Point should be closed down, according to

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