In a lawsuit filed on June 29th, the Town of Copake joined five other rural New York towns and seven environmental organizations to challenge New York State's Office of Renewable Energy Siting (ORES). ORES is the office that was created by the New York State Legislature when it enacted Executive Law 94-C in 2020. ORES and 94-C replace the Article 10 process previously used to issue permits to renewable energy projects larger than 25-megawatts. The purpose in creating ORES was to significantly accelerate the approval process for industrial-scale renewable energy projects.
The lawsuit challenging ORES and the regulations adopted in 2021 alleges a violation of the New York State Environmental Quality Review Act (SEQRA). The lawsuit seeks to overturn regulations setting standard uniform conditions applicable to all renewable energy projects in the state. The coalition of 12 plaintiffs alleges ORES failed to acknowledge that its regulations for siting power plants could result in even one significant adverse environmental impact, and as a result failed to prepare an environmental impact statement. For a detailed summary of the 94-C litigation by the law firm Foley & Hoag LLP, click here.
The lawsuit is of particular interest to Copake as the Town confronts the prospect of Shepherd’s Run -- a 255-acre, 60-megawatt solar facility being proposed by Chicago-based developer Hecate Energy. Hecate Energy recently announced that it was transferring from an Article 10 review into 94-C, and would file an application with ORES this summer.
“We are proud to stand with other rural towns in challenging the 94-C regulations” said Copake Supervisor Jeanne E. Mettler. “While we recognize the challenge of climate change, the challenge to the State was to confront the climate crisis in a way which would protect rural New York. We are outraged that the State of New York has accelerated the permitting process for industrial-scale power facilities without regard to the impact of these projects on rural towns. In failing to comply with SEQRA, they showed disregard if not contempt for the rural landscapes, prime farmland and woodlands which we treasure.”
“In Copake”, Supervisor Mettler said “You cannot put a shovel in the ground without the Planning Board demanding a SEQRA review. It is therefore stunning to think that the State will allow the installation of a solar project spanning over 250 acres without SEQRA review."
The lawsuit complains that ORES did not properly comply with SEQRA in adopting its implementing regulations in 2021. This is made more significant because in 2021, the New York State legislature passed a law exempting individual applications to ORES from SEQRA. The lawsuit also complains that ORES delegated the drafting of the regulations to a private consulting company, Tetra Tech. The company represents numerous renewable energy developers in New York State, including Hecate Energy.
Copake’s Deputy Supervisor Richard Wolf said, “It is critically important that the environmental impacts of siting industrial-size, utility-scale power plants be impartially and objectively assessed. Local laws, comprehensive plans, and farmland protection plans enacted by rural towns, which have been forward-looking stewards of their lands, should not be disregarded by New York State as it seeks to achieve its laudable goal of reducing fossil-fuel emissions.”
The lead lawyers in the matter are Mindy Zoghlin and Benjamin Wisniewski, of the firm Zoghlin Group PLLC, who also represent the Town of Copake in the Hecate Energy Shepherd’s Run application, and Gary Abraham, long-time energy and environmental advocate. William Sheehan, the Vice President and General Counsel of the American Bird Conservancy, is acting as its co-counsel in the case.
The Copake Town Board passed a unanimous resolution in June agreeing to join the lawsuit. The Town of Copake will not fund any of the expenses related to the 94-C litigation. Instead, Sensible Solar for Rural New York and other nonprofits will raise the necessary funds from individual donors.
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94-C LITIGATION FUND | DONATE TODAY!
Legal battles are often expensive, and we estimate the 94-C litigation could cost in upwards of $300,000. As such, Sensible Solar for Rural New York is leading local efforts to raise the necessary funds to support a significant portion of the 94-C litigation expenses.
Sensible Solar set an ambitious goal to raise $175,000 to underwrite legal expenses related to the 94-C litigation, and to date the organization has received pledges totaling $125,000.
To contribute to the 94-C Litigation Fund, contact Sara Traberman at saratraberman@gmail.com or call 201-921-5442. Note -- donations to the 94-C Litigation Fund are tax-deductible as allowable by the IRS.
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THIS SATURDAY, JULY 10TH AT RANDOM HARVEST | SENSIBLE SOLAR T-SHIRTS, YARD SIGNS AND DONATIONS
This Saturday, July 10th from 10:00 am to noon, Sensible Solar for Rural New York will have a table at Random Harvest in Craryville where residents can order our all-new Sensible Solar for Rural New York t-shirt, pick up a yard sign, and/or make a donation to Sensible Solar or our 94-C Litigation Fund. Additionally, those individuals who previously ordered t-shirts, can pick them up on Saturday!
To order a Sensible Solar t-shirt online, click here. T-shirts are $25 and available in traditional, women's v-neck and youth styles and sizes.