Copake is Lead Petitioner in NY Lawsuit

In a lawsuit filed on June 29, Copake joined five other rural New York State towns and seven organizations to challenge the New York State Office of Renewable Energy Siting, known as 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 procedures previously used to permit renewable energy projects larger than 25 MWs. The purpose in creating ORES was to accelerate the approval process for large 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 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.

The lawsuit is of particular interest to Copake as the Town confronts the prospect of “Shepherd’s Run”- a 255 acre solar project being proposed by Chicago-based developer Hecate Energy. Hecate recently announced that it was transferring from an Article 10 review into 94-c, and would file an application with ORES.

“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 “It is said that 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 regulations in 2021. This is made more significant because in 2021, the NYS 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 the 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 represents 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. Donors from across the State are paying for the litigation and the Town will not be paying any legal fees or expenses for its participation.