On August 21, 2018, the Environmental Protection Agency (“EPA”) proposed a new rule which would replace the Obama-era Clean Power Plan (“CPP”) and establish new emissions guidelines for states to address greenhouse gas (“GHG”) emissions from electric-generating power plants. As background, the CPP was stayed by the Supreme Court in a 5-4 decision in February of 2016 before the rule ever went into effect. More recently, in October 2017, the EPA announced its intention to effectively repeal the CPP because it “exceeded” the EPA’s authority. Now, the EPA is proposing to enact the Affordable Clean Energy rule (“ACE Rule”) to reduce GHGs while giving states more flexibility to achieve that goal. Continue Reading EPA Proposes to Replace Clean Power Plan with Affordable Clean Energy Rule
New York State (“NYS” or “State”) is launching a second round of request for proposals (“RFPs”) for large-scale renewable projects. According to NYS Energy Research and Development Authority (“NYSERDA”), the State is seeking to accelerate progress to achieve the lofty goals set in the Clean Energy Standard initiative that went into effect in August of 2016. As we have previously reported, the Clean Energy Standard mandates that renewable energy supply 50 percent of the State’s electricity needs by 2030. Large-scale renewable projects, such as utility-scale solar and wind, have been expected to carry a huge load in bridging the gap between the mandated 50 percent and the roughly 23 percent that was produced by renewables in 2016. Continue Reading New York State Seeks Proposals for Large-Scale Renewable Projects
Since mid-March, the New York Public Service Commission (“PSC”) has had only two Commissioners, leaving it without a Chair and two additional Commissioners. This has caused many to question whether or not the PSC can act with only two Commissioners, and also creates concerns if the Commissioners are split on a matter. Continue Reading When Will the New York Public Service Commission Be at Full Strength?
It has been reported that Tom Congdon, Chief of Staff of the N.Y. Department of Public Service, has just been named Deputy Chair of the State’s Public Service Commission (“PSC”) by outgoing Chair Audrey Zibelman.
Congdon, who was Governor Cuomo’s Assistant Secretary for Energy for over four years, is considered to be strongly supportive of the Governor’s energy agenda. Continue Reading Tom Congdon Named Deputy Chair of N.Y. Public Service Commission
The New York State Public Service Commission (“PSC”) recently issued an order that will shape New York’s energy portfolio for years to come. The Clean Energy Standard (“CES”), issued and effective August 1, 2016, is a bold initiative that mandates renewable energy supply 50 percent of the State’s electricity needs by 2030. New York seeks to achieve this goal by focusing on three major areas: (1) large utility scale solar, wind and other renewables; (2) offshore wind; and (3) subsidized nuclear power. The expectation is that by 2030, New York greenhouse gas emissions will be reduced by 40 percent from 1990 levels. Continue Reading New York’s Clean Energy Standard and its Impact on the State’s Energy Portfolio
In support of its commitment to increase the use of renewable energy resources to 50% by the year 2030, New York is creating a $5 billion Clean Energy Fund. As reported in Fortune Magazine, New York’s commitment to spend $5 billion over 10 years on infrastructure and clean energy related projects is a significant development, with the goal of leveraging an additional $29 billion in private investment. The framework for the plan, which has been in discussion for some time, was approved by the New York Public Service Commission on January 21, 2016. The fund will operate with four major components: Continue Reading New York Rolls Out $5 Billion Clean Energy Fund
Co-Authored By Patrick T. Fitzgerald
Following through on Governor Andrew Cuomo’s promise, the Acting New York State Department of Health (DOH) Commissioner, Dr. Howard Zucker, released the findings of his department’s long delayed health study of hydraulic fracturing in New York State. According to Dr. Zucker, hydraulic fracturing poses serious concerns to public health and data that proves otherwise does not exist. As a result, and as others have noted, Dr. Zucker concluded that he “cannot support high volume hydraulic fracturing in the great state of New York.” Continue Reading High Volume Hydraulic Fracturing Banned in New York State
Our client, BQ Energy, is proposing a utility scale solar project adjacent to the existing Steel Winds wind farm on the former Bethlehem Steel plant in Lackawanna, New York. This 4MW project will, when completed, represent one of the only utility scale combined wind/ solar projects in the world. We are assisting BQ Energy with all environmental reviews, zoning and land use matters associated with this dynamic project. Continue Reading 4MW: Utility Scale Solar Project
Gov. Andrew Cuomo has appointed Alfred Griffin to head up New York’s Green Bank. Griffin comes from Citigroup Global Markets, Inc. This key appointment is an important step in moving the Green Bank forward, which is a $1 billion initiative to leverage private investment to grow New York’s clean tech and renewable energy economy. Read more at http://www.acore.org/news-media/press-releases/4084-acore-applauds-alfred-griffin-s-appointment-as-the-president-of-the-new-york-green-bank.
Earlier this year, New York Governor Andrew Cuomo announced that the State would be creating a Green Bank to leverage private sector financing for renewable and other related clean energy projects. The Green Bank was identified in the Governor’s State of the State address as a key component to growing the State’s clean energy economy. Continue Reading New York State Moves Forward to Capitalize Its Green Bank