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Navigating SEQRA Matters for Energy Development Projects

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In New York state, energy projects below a certain threshold (fewer than 25 megawatts) are reviewed and approved by local municipalities under the New York State Environmental Quality Review Act (SEQRA), which generally requires completion of an environmental impact assessment. Our attorneys have a strong track record of providing guidance and counsel throughout the SEQRA process, including strategy related to project development, assisting with the evaluation of environmental impacts, and navigating the municipal zoning and land use regulations and review processes. In addition, clients frequently call on our Energy Industry team to clarify the ever-changing state policies and programs and help them comply with various regulations needed for their projects’ approval, including federal reviews and incentive programs offered by the New York State Energy Research and Development Authority (NYSERDA).

Regulatory experience and insight

Successful implementation of energy projects often requires interaction and productive dialogue with state agencies. Our attorneys are familiar with these agencies, often from inside experience managing their policies and legislation. The leader of our Energy Industry Team, William Flynn, served as Chair of the New York State Public Service Commission (PSC) and President of NYSERDA. We leverage Bill’s experience and other regulatory insights to provide strategic counsel to clients who deal with some of New York state’s largest regulated utilities and market participants; represent clients before federal and state agencies; and maintain successful relationships with key state policymakers. In addition, our team includes a former regional director of Region 4 for the New York State Department of Environmental Conservation, Gene Kelly, who provides an extensive background in environmental regulatory policy and litigation, and has built relationships with leaders and policy makers in state government and the environmental community.

Our services include:

  • Providing due diligence review for developers seeking to acquire renewable energy projects, including review and development of power purchase agreements (PPAs); engineering, procurement, and construction (EPC) contracts; and membership interest purchase agreements (MIPAs).
  • Representing developers seeking state and local approvals under SEQRA and the Public Service Law (PSL).
  • Assisting renewable energy developers in siting and permitting renewable generating facilities.
  • Guiding clients through renewable projects involving solar, wind, biomass, hydro, fuel cell generation, and energy storage.
  • Negotiating favorable payment in lieu of tax agreements with local government authorities on behalf of renewable developers.
  • Supporting developers of energy storage facilities serving renewable energy generators with real estate legal matters, including land use.
  • Representing developers of alternating current and high voltage direct current transmission.
  • Providing strategic counsel to clients seeking to obtain benefits from state policy initiatives and incentive programs
  • Assist national solar energy developer by conducting transactional environmental due diligence reviews for numerous project sites, including obtaining NYS Department of Environmental Conservation authorization to proceed with development of a site listed on the New York State Superfund Site List.
  • Provided counsel to several renewable developers looking to acquire solar projects at various stages of completion; and advised developers regarding potential regulatory, environmental, and commercial issues associated with the acquisitions.
  • Served as SEQRA counsel to the Steuben County IDA on six wind farm projects on 2,000 acres of land and successfully defended all Article 78 challenges related to the approval of the projects.
  • Served as SEQRA counsel to Seneca County IDA on the siting of a biofuel plant in the former Seneca Army Depot and successfully defended an Article 78 challenging the SEQRA determination.
  • Acted as SEQRA counsel to the town of Enfield, New York, on a wind farm project and successfully defended all Article 78 proceedings filed to challenge approval of the project.
  • Provided counsel on SEQRA matters for the New Market Project, an interstate natural gas pipeline project in Central and Eastern New York.

Leaders

Gene Kelly

Gene Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com
Frank Pavia

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com

Team

John Anzalone

John J. Anzalone

Member
(516) 880-8108
janzalone@harrisbeach.com
Darius Chafizadeh

Darius P. Chafizadeh

Member
(914) 683-1212
dchafizadeh@harrisbeach.com
Keith Corbett

Keith M. Corbett

Member
(516) 880-8492
kcorbett@harrisbeach.com
William Flynn

William M. Flynn

Member
(518) 701-2711
wflynn@harrisbeach.com
Thomas Garry

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeach.com
Gene Kelly

Gene Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com
John Mcmanus

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeach.com
Robert Murray

Robert G. Murray

Member
(716) 200-5180
bmurray@harrisbeach.com
Frank Pavia

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com
Michelle Piasecki

Michelle K. Piasecki

Member
(518) 701-2741
mpiasecki@harrisbeach.com
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Navigating SEQRA Matters for Energy Development Projects

Service

In New York state, energy projects below a certain threshold (fewer than 25 megawatts) are reviewed and approved by local municipalities under the New York State Environmental Quality Review Act (SEQRA), which generally requires completion of an environmental impact assessment. Our attorneys have a strong track record of providing guidance and counsel throughout the SEQRA process, including strategy related to project development, assisting with the evaluation of environmental impacts, and navigating the municipal zoning and land use regulations and review processes. In addition, clients frequently call on our Energy Industry team to clarify the ever-changing state policies and programs and help them comply with various regulations needed for their projects’ approval, including federal reviews and incentive programs offered by the New York State Energy Research and Development Authority (NYSERDA).

Regulatory experience and insight

Successful implementation of energy projects often requires interaction and productive dialogue with state agencies. Our attorneys are familiar with these agencies, often from inside experience managing their policies and legislation. The leader of our Energy Industry Team, William Flynn, served as Chair of the New York State Public Service Commission (PSC) and President of NYSERDA. We leverage Bill’s experience and other regulatory insights to provide strategic counsel to clients who deal with some of New York state’s largest regulated utilities and market participants; represent clients before federal and state agencies; and maintain successful relationships with key state policymakers. In addition, our team includes a former regional director of Region 4 for the New York State Department of Environmental Conservation, Gene Kelly, who provides an extensive background in environmental regulatory policy and litigation, and has built relationships with leaders and policy makers in state government and the environmental community.

Our services include:

  • Providing due diligence review for developers seeking to acquire renewable energy projects, including review and development of power purchase agreements (PPAs); engineering, procurement, and construction (EPC) contracts; and membership interest purchase agreements (MIPAs).
  • Representing developers seeking state and local approvals under SEQRA and the Public Service Law (PSL).
  • Assisting renewable energy developers in siting and permitting renewable generating facilities.
  • Guiding clients through renewable projects involving solar, wind, biomass, hydro, fuel cell generation, and energy storage.
  • Negotiating favorable payment in lieu of tax agreements with local government authorities on behalf of renewable developers.
  • Supporting developers of energy storage facilities serving renewable energy generators with real estate legal matters, including land use.
  • Representing developers of alternating current and high voltage direct current transmission.
  • Providing strategic counsel to clients seeking to obtain benefits from state policy initiatives and incentive programs

■ All Services

■ People

John J. Anzalone

Member
(516) 880-8108
janzalone@harrisbeach.com

Darius P. Chafizadeh

Member
(914) 683-1212
dchafizadeh@harrisbeach.com

Keith M. Corbett

Member
(516) 880-8492
kcorbett@harrisbeach.com

William M. Flynn

Member
(518) 701-2711
wflynn@harrisbeach.com

Thomas J. Garry

Member
(516) 880-8489
tgarry@harrisbeach.com

Gene Kelly

Member
(518) 701-2740
GKelly@HarrisBeach.com

John T. McManus

Member
(518) 701-2734
jmcmanus@harrisbeach.com

Robert G. Murray

Member
(716) 200-5180
bmurray@harrisbeach.com

Frank C. Pavia

Member
(585) 419-8709
fpavia@harrisbeach.com

Michelle K. Piasecki

Member
(518) 701-2741
mpiasecki@harrisbeach.com

Harris Beach and its subsidiaries provide a full range of legal and professional services for clients across New York state, as well as nationally and internationally. Harris Beach is among the country’s top law firms as ranked by The National Law Journal and is among the BTI Elite law firms based on in-depth interviews of more than 600 corporate counsel at the world’s largest and most influential companies. Our clients include Fortune 100 corporations, privately-held companies, emerging businesses, public sector entities, not-for-profit organizations and individuals. Principal industries we represent include education, energy, financial, food and beverage, health care, insurance, manufacturing, medical and life sciences, real estate developers, and state and local governments and authorities.

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Municipalities and Local Agencies
Nanotechnology
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Offices throughout New York:

Albany
677 Broadway
Albany, NY 12207
518-427-9700

Buffalo
726 Exchange Street
Buffalo, NY 14210
716-200-5050

Ithaca
119 East Seneca Street
Ithaca, NY 14850
607-273-6444

Long Island
333 Earle Ovington Boulevard
Uniondale, NY 11553
516-880-8484

New York City
100 Wall Street
New York, NY 10005
212-687-0100

Rochester
99 Garnsey Road
Pittsford, NY 14534
585-419-8800

Saratoga Springs
513 Broadway
Saratoga Springs, NY 12866
518-587-0551

Syracuse
333 West Washington Street
Syracuse, NY 13202
315-423-7100

White Plains
445 Hamilton Avenue
White Plains, NY 10601
914-683-1200

Offices also in:

New Haven, CT
195 Church Street
New Haven, CT 06510
203-784-3159

Newark, NJ
One Gateway Center
Newark, NJ 07102
973-848-1244

Attorney Advertising. Prior results do not guarantee a similar outcome.
© 2022 Harris Beach PLLC

Content current as of May 26, 2022 11:25 am
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