Lawsuit against nuclear power subsidies will proceed via Timesunion

Opponents say it hurts ratepayers, state says is needed to reduce carbon emissions

ALBANY – More than a year after a coalition of anti-nuclear activists filed a lawsuit to overturn the Cuomo administration’s decision to subsidize three northern New York nuclear plants, the case is moving forward.

Acting state Supreme Court Justice Roger McDonough earlier this month denied the state’s motion to dismiss the lawsuit. Opponents are suing over a 2016 decision by the Public Service Commission to allow subsidies for the continued operation of three nuclear plants around Lake Ontario — R.E. Ginna, Nine Mile Point and James A. FitzPatrick.

“This is a David-vs.- Goliath victory,” said Manna Jo Greene, environmental director of Hudson River Sloop Clearwater, the lead plaintiff in the suit. “It doesn’t serve the public interest or even follow the law that New York’s ratepayers are required to pay to keep these nuclear plants open, when they are no longer economically viable without a subsidy.”

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