WHITE PLAINS – An effort to move a lawsuit filed by Westchester County Executive Robert Astorino over the closure of the Indian Point nuclear power plant from Westchester County to Albany, has been rejected by a state Supreme Court justice.
The state wanted to move the case to Albany arguing that it was not “material” that the plant is located in Westchester and that it would be more convenient for state officials to have it heard in Albany. Acting Supreme Court Justice Helen Blackwood rejected those arguments saying Indian Point is “at the very epicenter” of the case and that it would be “erroneous to argue that no material events occurred in Westchester County.”
In May, Astorino sued Governor Cuomo, the state, Riverkeeper and Indian Point operator Entergy for reaching an agreement to close the plant. Astorino cited the state’s “obvious breaches” in following its own environmental laws, claiming the “three men in a room” deal failed to comply with the state’s environmental quality review act.
“This case is not about what is or isn’t convenience for bureaucrats in Albany, nor does it have to do with the debate over nuclear energy,” Astorino said. “It has to do with the rule of law and the health, safety and pocketbooks of nearly one million Westchester residents and nine million New Yorkers who were left out of the process to close Indian Point New York must comply with its own environmental laws.”
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