State denies Shepherd's Run solar farm

COPAKE — New York State denied Hecate Energy LLC’s application for a more than 700-acre solar project, pointing to two factors: floodplain and community protection issues, and identification of and protection of wetland resources in this rural hamlet.

Jason Zehr, interim executive director of the Office of Renewable Energy Siting and Electric Transmission, issued the decision on Wednesday, Oct. 14, five days before the clock was to run out for the state to approve or deny the Chicago-based company’s application.

“My analysis on each of these separate issues leads me to conclude that I am not able to affirmatively certify and determine that the project application satisfies the criteria for a permit,” Zehr wrote in his 31-page decision.

The denial caps years of protest from local residents and steadfast efforts on Hecate’s part to advance the 42-megawatt project, which initially was proposed as a 60-megawatt project before it had to be downscaled after the company lost control of some of the targeted project land.

Shepherd’s Run was slated to be built near the intersection of Routes 7 and 23 in Craryville. The company first envisioned Shepherd’s Run in 2017, and it has been buffeted since not only by local opposition but by pushback from state legislators and local politicians. In February 2024, the company’s first application for what has been dubbed “Shepherd’s Run I” was dismissed by the state. The company then followed up with the current application in late December 2024.

The Town of Copake has been a consistent opponent. Since the project was proposed there have been 1,173 public comments received by the state, nearly all negative.

Last month, two administrative law judges held an adjudicatory hearing in Copake’s town hall that was attended by more than 100 residents, with few expressing favor for Shepherd’s Run. The hearing ran from 10 a.m. to 8 p.m. and was geared to obtaining testimony aimed at establishing a fact-based record. On Oct. 5, those judges, Maureen F. Leary and Dawn MacKillop-Soller, administrative law judges at the New York State Department of Public Service’s ORES office, recommended denying Hecate a permit “based upon Hecate’s failure to demonstrate compliance with applicable wetlands laws and regulations.”

That left the final say up to Zehr, who wrote: “In summary, the evidence required to demonstrate compliance is absent in the topic areas of identifying base flood elevations, establishing the reliability of inputs for [Hecate’s] hydrology modeling, the ability of facility components to avoid being inundated by flooding, the reliability of the design and operation of measures intended to control panel operation during a flood event, and the avoidance of siting of facility components near or within a floodway.”