On September 22, 2021, Justice Peter Lynch of the New York State Supreme Court, Albany County denied the petitioners’ application in Town of Copake v. New York State Office of Renewable Energy Siting, No. 905502-21 (Sup. Ct. Albany Cty. Sept.
Renewable Energy Post
Renewable Energy Post, published by Phillips Lytle LLP, focuses on legal and regulatory developments affecting the renewable energy sector. The blog covers topics such as clean energy supply chains, government incentives like the Inflation Reduction Act, state climate policies including New York's Climate Leadership and Community Protection Act, and challenges in transitioning to renewable energy sources. It addresses issues related to energy project development, compliance with domestic content requirements, environmental impact regulations, and the economic implications of green energy initiatives. The blog also discusses the intersection of energy law with corporate, environmental, and public policy considerations relevant to renewable energy stakeholders.
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Important Development in Lawsuit Challenging Office of Renewable Energy Siting Regulations
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.…
New York State Department of Taxation and Finance Issues Preliminary Appraisal Model and Discount Rates for Solar and Wind Energy Projects – Comments Due by October 1, 2021
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 Office of Renewable Energy Siting Streamlines and Expedites Deployment of Large-Scale Renewables
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…
New York State Public Service Commission Establishes Host Community Benefit Program
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…
A Big Day for Clean Energy: $1.4 Trillion Federal Spending Package Extends Tax Credits and Provides Research Funding for Clean Energy Projects and Technology
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…
New York State’s Office of Renewable Energy Siting Draft Regulations Out for Public Comment
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…
Solar Photovoltaic Systems Are Taxable Real Property: Fourth Department Decision Requires Consideration in Early Project Development
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…
New York State Public Service Commission Accelerates Grid Modernization Efforts
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…
New York State Public Service Commission Flexes “Just and Reasonable” Muscle to Impose Sweeping Reforms to Energy Marketplace
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…