Climate Change & Resiliency
Public Service Commission Issues Two Orders in Furtherance of Renewable Energy Growth
On May 14, 2020 the New York State Public Service Commission (PSC) issued two orders designed to further State goals of rapidly expanding renewable energy development. One, issued in Case No. 20-E-0197, is a preliminary order directing utilities and the Department of Public Service (DPS) to lay the transmission and distribution planning groundwork for achieving…
NY’s Governor Cuomo Signs Law Introducing One-Stop Shop for Renewable Energy Project Permitting
On April 3, 2020, with the passage of the Accelerated Renewable Energy Growth and Community Benefit Act, New York adopted sweeping changes to the siting of large-scale renewable energy projects.[1] The new law will streamline and accelerate the permitting and construction of renewable energy projects, and is intended to help New York achieve the Climate…
NYSERDA Requests PSC Authorization to Procure at Least 1,000 MW of Offshore Wind Capacity in 2020
On January 28, 2020, the New York State Energy Research and Development Authority (“NYSERDA”) submitted a petition to the New York State Public Service Commission (“PSC”) seeking authorization to issue a solicitation to procure between 1,000 and 2,500 megawatts (“MW”) of additional offshore wind capacity this summer. This procurement, which Governor Andrew M. Cuomo directed…
NYC Local Law 97 Advisory Board Established, With Expert Working Groups Coming Soon
Implementation of New York City’s groundbreaking Building Emissions Law (Local Law 97 of 2019) is underway. On December 19, 2019, Mayor Bill de Blasio and City Council Speaker Corey Johnson announced the appointment of 15 Advisory Board members who will assess and report on over 20 aspects of the Law, with the help of expert…
New York State Passes the Most Ambitious Climate Change Legislation in the Nation and Advances Offshore Wind Energy Development with Inaugural Procurement of Offshore Renewable Energy Credits
On July 18, 2019, Governor Andrew M. Cuomo signed into law the New York Climate Leadership and Community Protection Act (“CLCPA”), the most ambitious climate change legislation in the country. The CLCPA, among other things, codifies the State’s goals of reaching net-zero carbon emissions by 2050, including an 85% decrease in greenhouse gas emissions by…
NEPA Review of Pipeline Project Upheld by D.C. Circuit – With Asterisk
On June 4, the D.C. Circuit issued a decision in Birckhead, et al. v. FERC, in which the petitioners challenged the Federal Energy Regulatory Commission’s (“FERC”) environmental review of a natural gas pipeline project.[1] Although the court ultimately rejected the challenge, the court suggested in dicta that FERC should do more to obtain information on…