On August 27, 2021, Justice Peter Lynch of the New York State Supreme Court, Albany County issued the first substantive ruling in Town of Copake v. New York State Office of Renewable Energy Siting, No. 905502-21 (Sup. Ct. Albany Cty.
Earlier this year, as part of the New York State budget, the Legislature enacted New York State Real Property Tax Law Section 575-b (RPTL 575-b), which creates new requirements for the real property taxation of wind and solar energy projects
New York State continues to supercharge the deployment of renewable energy projects. Building on landmark legislation passed in 2019, New York State’s newly created Office of Renewable Energy Siting (ORES) has now finalized the regulations that will govern siting and
In an order issued on February 11, 2021, the New York State Public Service Commission (“Commission”) established a “host community benefit program” through which owners of large-scale renewable energy facilities (25 MW+) would pay $500/MW (for solar) or $1,000/MW (for
On the evening of December 21, 2020, Congress provided a last-minute boost for clean energy projects and technology by passing a $1.4 trillion federal spending bill together with a $900 billion COVID-19 relief package. According to Senator Lisa Murkowski, Chair
The Accelerated Renewable Energy Growth and Community Benefit Act (“Accelerator Act”) was enacted to speed up the siting and construction of major renewable energy projects in New York State. One of the key components of the Accelerator Act was
On August 20, 2020, the New York State Supreme Court, Appellate Division, Fourth Department issued a decision in Cornell University v. Board of Assessment Review (“Cornell University”), finding that a solar photovoltaic system is taxable real property. See No. CA
On May 14, 2020, the New York State Public Service Commission (“Commission”) issued an order that will mark a turning point in the State’s electric grid modernization efforts (“Transmission Planning Order”). The Transmission Planning Order was issued in response to
The New York State Public Service Commission (“Commission”) leveraged an unprecedented interpretation of its “just and reasonable” regulatory authority to impose drastic changes to the retail energy marketplace, which will have ripple effects on Renewable Energy Credit (REC) markets, retail
Since the New York State Public Service Commission (“Commission”) first authorized the Community Distributed Generation (CDG) program in 2015, CDG Sponsors—the entities that organize, own and/or operate CDG projects—have faced an uphill battle in explaining the program, marketing it to