A timely opinion article published by The Hill on June 10, 2020 reminds us of the ways that environmental justice issues are intertwined with the institutionalized disadvantages of certain groups, typically along racial and socioeconomic lines. These inequalities are not just economic, nor are they limited to issues involving our…

Under Article 10 of the Public Service Law municipal and local parties have the opportunity to participate in the siting process for major electric generating facilities. Because review of a large project can be complicated and costly, intervenor funds are available to offset the cost of participating in the process.…

Governor Cuomo has proposed major changes to the way power plants are sited in New York State. The draft legislation is available here and here. The law is sweeping in its scope and changes all aspects of power plant siting including permitting and approval, the role…

On February 7, 2020, the Siting Board announced a meeting to adopt emergency changes to the Article 10 regulations. The notice is available here. Later, on February 11, 2020, the Siting Board issued a memorandum describing the rule changes, available here. The Siting Board adopted the…

During his annual budget address, Governor Cuomo expressed concern over the slow speed of the Article 10 power plant siting process. He proposed modifications to site more projects more quickly.

Specifically, the Governor noted, “We have to do it faster. It currently takes five to 10 years to begin…

On August 26, 2019, Bull Run Energy LLC filed an application to construct a 449-megawatt (MW) wind energy facility in the towns of Altona, Clinton, Ellenburg, and Mooers. It is expected to include up to 139 wind turbines, together with associated access roads, an electrical collection system, meteorological towers, an…

Drafting effective legislation is hard. Drafting local legislation to regulate the development of wind and solar energy facilities is harder. Government officials and residents alike need to balance many competing interests when drafting a local law governing wind and solar energy siting. How much development is desirable? Where should wind…

The Siting Board cannot issue a Certificate unless it makes specific findings and determinations pursuant to Section 168 of the Public Service Law. These findings and determinations are described here. In a recent case, one wind energy developer argued that intervenor, municipal, and agency parties bear the burden…

Although the Siting Board makes the final decision to grant a Certificate of Environmental Compatibility and Public Need, most of an Article 10 proceeding is conducted before Presiding Examiners, not the Siting Board itself. The Presiding Examiners are administrative law judges from the New York State Department of Public…

In working with municipalities and individuals across the State we have encountered a common concern. Many people believe that Article 10 of the New York State Public Service Law (available here) expressly preempts all local zoning and land-use laws. This concern can lead to a fatalistic…

On April 24, 2019, Excelsior Energy, LLC (a subsidiary of NextEra Energy Resources, LLC), submitted a Public Involvement Program for a proposed solar energy facility to be located in the town of Byron, New York. Additional information about the project is available on the New York DPS DMM website for…

On April 1, 2019, Morris Ridge Solar Energy Center, LLC (a subsidiary of EDF Renewables, Inc.), submitted a Preliminary Scoping Statement (“PSS”) for the proposed 1,350-acre Morris Ridge solar energy facility. Morris Ridge is proposed for the Town of Mount Morris in Livingston County, New York. Additional information about the…

On February 26, 2019, a novel procedural teleconference was held in the matter of Canisteo Wind Energy LLC. Canisteo Wind is a nearly 300 megawatt wind project proposed for Steuben County, New York. The DMM website for the case is available here.

The procedural teleconference was…

On February 27, 2019, Invenergy Solar Project Development LLC submitted a revised Public Involvement Plan (“PIP”) for the proposed 3,800 acre Horseshoe Solar energy facility. Horseshoe Solar is proposed for the towns of Caledonia and Rush, primarily in Livingston County, New York.

Although the Horseshoe Solar project…

On February 27, 2019, Invenergy Solar Project Development LLC submitted a revised Public Involvement Plan (“PIP”) for the proposed 3,800 acre Horseshoe Solar energy facility. Horseshoe Solar is proposed for the towns of Caledonia and Rush, primarily in Livingston County, New York. The project also includes a major electrical substation…

On February 8, 2019, Galloo Island LLC withdrew its Article 10 Application for the 102.3 megawatt “Galloo Island Wind Farm”. Additional information about this proceeding, and the circumstances of the Applicant’s withdrawal, are available on the DMM website for Galloo Island.

The withdrawal comes after repeated…