Renewable Energy

Renewable energy is booming in New York and the surrounding states. In December of 2015, New York Governor Andrew Cuomo directed the state’s regulators to come up with a plan to reach 50 percent renewables by 2030. In 2016, the New York Department of Public Service released a proposed plan known as the “50 by 30” plan, which builds on New York’s “Reforming the Energy Vision” initiative by providing a necessary target and enforcement mechanisms to achieve these objectives. Our firm’s Renewable Energy Group is well-positioned to assist utilities, utility-scale developers, and land owners understand and take advantage of this evolving regulatory landscape so as to efficiently cultivate a profitable renewable portfolio.

Our Renewable Energy Group has extensive experience in the development and deployment of utility-scale and distributed generation solar projects, working with clients on all key development issues for solar projects including site control, land use and permitting, transmission and supply issues and construction and post-construction compliance.

We guide developers through the zoning and permitting process at local, state, and federal levels. Developers who need assistance negotiating the complex network of environmental regulations applicable to the alternative energy industry find our Renewable Energy Group reduces the time and uncertainty that can accompany navigating such regulations. We also assist our clients with the review and negotiation of construction contracts, right-of-way acquisition, government relations and outreach, zoning compliance, and legislative analysis issues that have proven key to effective renewable development initiatives. Our core real estate competencies relating to the selection, acquisition, sale, and leasing of real property assets are additional benefits that our renewable energy clients enjoy access to and which aid in the efficient deployment of renewable assets.

Battery Storage

The firm also represents national solar and renewable energy companies in the development of battery storage facilities.  Lithium-ion energy storage systems are developed pursuant to the New York State Energy Research and Development Authority (NYSERDA) market acceleration bridge incentive—a key pillar of New York’s ambitious energy and climate action plan.  As described in NYSERDA’s Energy Storage Roadmap, energy storage is a critical component of decarbonizing the electric supply in New York and creating a more resilient and reliable electric grid. As a result, the State has rolled out an incentive program and mechanism to compensate energy storage facilities for reducing peak demand on the electric distribution system, reducing strain on assets when the system needs it most, extending the life of existing electric infrastructure, reducing the frequency of blackouts and outages, and ultimately reducing the cost of electricity for ratepayers in the State.  The firm is excited to counsel clients in this emerging field.

Expertise/Services

Environmental Law:

  • Oversee and guide all environmental review processes
  • Regulatory analysis and State Environmental Quality Review Act (SEQRA) counseling
  • Perform title and environmental due diligence
  • Secure construction permits and approvals from federal, state, and local regulatory agencies including, without limitation
  • The United State Environmental Protection Agency
  • The New York State Department of Environmental Conservation
  • The New York State Public Service Commission
  • The New York City Department of Environmental Protection
  • The United States Fish and Wildlife Service
  • Undertake environmental and permitting due diligence review in connection with the acquisition of utility-scale renewable energy projects
  • Environmental litigation as necessary

Permitting, Zoning and Land Development:

  • Intimate knowledge of regulations and procedures for land use regulatory agencies such as:
  • Local municipal boards including Planning Boards, Zoning Boards of Appeals, Town Boards, Village Boards, and City Boards
  • New York City Board of Standards and Appeals
  • New York State Historic Preservation Office (SHPO)
  • The New York City Department of Environmental Protection
  • New York City Landmarks Preservation Commission
  • New York City Planning Commission
  • Drafting and negotiating Host Community Agreements, Community Benefit Agreements, and Payment in Lieu of Taxes (PILOT) Agreements
  • Contracts for the acquisition of land
  • Securing zoning and land use approvals
  • Analysis of zoning and permitting regimes
  • Drafting and redecoration of access easements
  • Obtain amendments to existing approvals
  • Examine sufficiency of previously obtained permits and approvals
  • Drafting proposed regulations governing the siting and regulation of renewable energy facilities
  • Drafting municipal approval resolutions
  • Title review
  • Conduct land use litigation and provide litigation counselings as necessary
  • Site acquisition counselling
  • Counsel clients regarding Labor Law prevailing wage issues in connection with construction
  • Oversight of consultant’s engineers, property experts, and other support professionals participating in zoning processes

Results

  • Successful environmental and development permitting for numerous utility-scale (2 MW and larger) solar facilities in the State of New York
  • Obtained zoning approvals and Negative Declaration under SEQRA for a 20 MW 200-acre solar facility in New York’s Mohawk Valley region— one of the first facilities of such scale permitted in the State of New York. https://ccrenew.com/news/20-mw-solar-facility-receives-approval-from-st-johnsville-ny/
  • Drafted and negotiated decommissioning bonding agreement for removal and remediation of proposed utility-scale solar facility in Dutchess County, New York
  • Conducted permitting and environmental due diligence facilitating a multi-site utility-scale solar facility acquisition deal between corporate renewable energy developers
  • Compelled withdrawal of mid-construction stop-work-orders issued by municipality in connection with previously approved solar facility in Ulster County, New York
  • Drafted and negotiated access easements facilitating development of a major utility-scale solar development

We work closely with the following organizations: