Copake joins lawsuit against the state over renewable energy projects

More dissatisfaction with Hecate Energy

COPAKE — As of Tuesday, June 29, the town of Copake joined five other rural New York towns and seven state organizations in a lawsuit against New York State to challenge the Office of Renewable Energy Siting (ORES) to overturn regulations that set the standard uniform conditions applicable to all renewable energy projects in the state. The lawsuit would directly impact the Hecate Energy solar farm project before the town of Copake right now.

The New York State Legislature passed a law to create ORES last spring in conjunction with the enactment of Executive Law 94-c, according to the town of Copake. Through that law, developers can accelerate the approval process from the state for large-scale renewable energy projects. However, rural towns like Copake argue that ORES and 94-c replace the Article 10 procedures that were previously used for such projects.

Such was the case for Copake this past spring when it learned that Hecate Energy planned to switch from an Article 10 review to 94-c for its proposed 360-acre, 60-megawatt solar facility in its Craryville hamlet. More details on the proposed solar project can be found on the town’s website, www.townofcopake.org.

Adding on to these concerns, Copake learned the state exempted ORES applications from the required State Environmental Review Act (SEQRA) process in the recently passed budget. 

As defined by the New York State Department of Environmental Conservation (DEC), the SEQRA process requires “all state and local government agencies to consider the environmental impacts equally with social and economic factors” when taking government action. 

Without going through SEQRA, Copake town Supervisor Jeanne Mettler said last spring that it will be simpler for developers to get “faster, easier permission for their projects.”

Alleging a violation of the SEQRA process, the lawsuit filed last week argues the ORES regulations adopted in 2021 do not properly comply with SEQRA. 

It also charges that ORES “failed to acknowledge that its regulations for siting power plants could result in even one significant adverse environment impact, and as a result failed to prepare an environmental impact statement [EIS],” according to a recent press release from the town of Copake, which noted that the lawsuit complains ORES delegated the drafting of said regulations to a private consulting company, Tetra Tech, which represents several renewable energy developers in New York State like Hecate Energy.

The Copake Town Board unanimously approved a resolution to join the lawsuit at its meeting on Thursday, June 10. 

Copake won’t be paying any legal fees or expenses for its participation in the lawsuit as donors from across New York State are paying for the litigation.

“We are proud to stand with other rural towns in challenging the 94-c regulations” Mettler stated. “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,” she added.

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