James A. Muscato II


phone (518) 438-9907 (Ext. 243)
fax (518) 438-9914


Representative Matters

James A. Muscato II

Jim is at the forefront of New York energy issues including siting and development strategies for energy projects, with experience developing wind, solar, hydroelectric, biomass and electric and gas transmission projects, as well as emerging technologies, such as battery storage systems and distributed generation technologies and, as a result, leads the Firm’s energy practice.  Over the last decade, this experience has resulted in the permitting of over 1100 MW of renewable energy generation in New York. Jim also provides legal services and advice regarding more traditional forms of commercial development, including brownfield and pollution cleanup programs.  Jim is well-versed both in the requirements of key environmental and energy permitting programs and in the nuances of the New York environmental and energy review process under such laws as the New York Public Service Law (“PSL”), Article 10 and VII, the New York State Environmental Conservation Law (“ECL”), and the State Environmental Quality Review Act (“SEQRA”).  Jim counsels clients on complex liability issues and has successfully assisted clients with resolving potential claims and proceedings under state and federal environmental laws, including the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA), the State Superfund Law and State Navigation Law.  Jim regularly advises small and large petroleum companies, gasoline station owners, and other entities with pollution cleanup, compliance and re-development issues.

In addition to Project development, Jim has been involved in the policy making aspects of New York’s Reforming Energy Vision (REV) and the Clean Energy Standard, and particularly has focused on net metering, community choice aggregation, distributed energy initiatives and the large scale renewable energy tiers of the REV.  Jim was also involved in the enactment of the new PSL Article 10 law and regulations.

Jim regularly appears in front of the Department of Environmental Conservation and Department of Public Service in proceedings and administrative matters and has argued cases at both the state and federal level, including argument at the Federal Court of Appeals for the Second Circuit.

Jim is a frequent speaker on issues involving environmental and energy law, including a recent presentation on Article 10 at the 10th Annual Alliance for Clean Energy Fall Conference. Previously, he has spoken on energy issues and siting to the New York Association of Towns and on New York State’s Brownfields program. Jim is a member of the New York State Bar Association and is actively involved with the Environmental Law section and the Committee on Hazardous Waste and Enforcement.

Jim received his Juris Doctor degree from Albany Law School in 2001 and was the Editor-in-Chief of the Albany Law Environmental Journal. Jim holds a Bachelor of Arts degree from State University of New York at Geneseo.

Bar Admissions

New York, 2002
U.S. District Court Northern District of New York, 2002


Albany Law School Union University, Albany, New York, 2001, J.D.
Law Journal: Environmental Outlook Law Journal, Editor-in-Chief, 2000 – 2001

State University of New York at Geneseo, Geneseo, NY, U.S., 1998, B.A.
Major: Political Science
Major: Environmental Studies

Legal Assistant Information

Kayleigh J. Robinson, 518-438-9907 x. 222

Case 02-E-0362, Flat Rock Wind Power LLC, Order Granting a Certificate of Public Convenience and Necessity and Providing for Lightened Regulation (Section 68) (issued June 17, 2004)

Case 04-E-0643, Flat Rock Wind Power LLC, Order Providing for Lightened Regulation (Section 68) (issued December 20, 2004) (Light Regulation Orders)

The firm represented Petitioner in a proceeding at the Public Service Commission seeking a declaratory ruling that the transfer of certain ownership interests should not… Read More

Case 07-E-0343, Marble River, LLC, Order Granting Amendment to Certificate of Public Convenience and Necessity (Section 68) (issued June 21, 2011)

Case 07-E-0462, Horizon Wind Energy LLC, Declaratory Ruling on Review of Transfer Transactions (Section 70) (issued June 26, 2007)

The firm represented Petitioners in a proceeding at the Public Service Commission seeking a Declaratory Ruling with regards to the application of Public Service law… Read More

Case 07-E-0888, Iberdrola Energias Renovables SAU, Declaratory Ruling on Review of an Intra-Corporate and Stock Issuance Transaction (Section 70) (issued September 20, 2007)

The firm represented the Petitioner seeking a declaratory ruling for an intra-corporate and stock issuance transaction. The transaction involved the Petitioner’s obtaining an indirect ownership… Read More

Case 07-E-1343, Marble River, LLC, Order Granting Certificate of Public Convenience and Necessity and Providing for Lightened Regulation (Section 68) (issued June 19, 2008)

Concerned Citizens of Cattaraugus County, Inc. v. Town of Allegany Planning Bd., et al., Sup Ct, Cattaraugus County, 2011, Index No. 79455

The firm represented the Respondents in an Article 78 proceeding involving the proposed construction of a 29 unit wind farm. The Plaintiffs’ challenged the Planning… Read More

Cring v. Bonnie Belle Association, Sup Ct, Warren County, 2004, Index No. 44157

In a case regarding the Plaintiffs’ ability to rent out vacant rooms in their home, the firm successfully represented the Defendant, Bonnie Belle Association, in… Read More

Gas Land Petroleum, Inc. v Friendly Service Armonk, Inc. and Sammy Eljamal, Supreme Court Westchester County, Index No. 56368/2013

The firm successfully obtained summary judgment for the Plaintiff in a gasoline supply contract dispute.  The judgment was awarded against both the retailer and the… Read More

Harvest Ridge Associates Inc. v. Nesheiwat Estates, Sup Ct, Dutchess County, 2005, Index No. 5964/04

The firm represented the Defendant in a contract dispute involving the intent of an agreement made by Harvest Ridge Associates, Inc. and Nesheiwat Estates, Inc… Read More

In the Matter of the Application of Ten Towns to Preserve Main Street, et al. v. The Planning Board of the Town of Northeast, et al., Sup Ct, Dutchess County, 2013, Index No. 3816/2013

The firm successfully defended New York real estate developer Southern Realty and Development, LLC (“Southern”) in a State Environmental Quality Review Act (“SEQRA”) challenge to… Read More

In the Matter of the Application of Ticonderoga Property Development LLC, APA Order Granting Variance, 2005-261V, October 18, 2006

The firm represented Ticonderoga Property Development LLC in its application in the Adirondack Park for a variance from Appendix Q3 standards regarding sign regulations. TPD… Read More

In the Matter of the Arbitration between Fishkill Property LLC, et al., AAA Index No. 15 183 Y 0017611, Award Dated November 7, 2011

Town of Henderson Town Bd. v. Town of Hounsfield Planning Bd., et al., Sup Ct, Jefferson County 2010, Index No. 2010-0336

In an Article 78 proceeding, the firm represented the Applicant for a proposed 82 turbine wind farm project in the Town. Petitioner sought to reverse,… Read More