Alternative Energy

Overview

Attorneys

Representative Matters

 

Alternative Energy Law

Alternative Energy Law includes:

  • Wind farm siting, permitting and approvals
  • Biomass siting, permitting and approvals
  • Solar siting, permitting and approval
  • Alternative energy policy
  • State and municipal review of alternative energy projects
Overview

Young/Sommer is a leader in alternative energy project and policy development in New York, including wind, solar, biomass and emerging technologies, such as batteries and storage. The firm represents two industry leaders in wind farm development across Upstate New York. We provide a broad array of legal services to developers, investors, utilities, and municipalities in the renewable energy sector. Our team has experience in every aspect of alternative energy project development, from negotiating real property agreements through State Environmental Quality Act and permitting review, to construction compliance and management of operations. We also have worked with municipalities on land use and other issues relating to alternative energy development. In all cases, we provide guidance to our clients on the various programs involving alternative energy to ensure they have the information needed to make the development decisions.

Experience

Our experience with the various permitting agencies involved in approving alternative energy projects allows us to help our clients successfully navigate the review process. Our attorneys regularly appear before the Department of Environmental Conservation and the Public Service Commission and have experience in addressing other involved agencies such as Office of Parks, Recreation and Historic Preservation, Department of Agriculture and Markets, Department of State, Canal Corporation, the Adirondack Park Agency, and the Department of Transportation. We recognize that timing and cost are important factors and our knowledge and experience ensures that we reach development objectives in a cost-effective and efficient manner.

Industry Advocates/Policy

Young/Sommer has been a pioneer among New York firms serving the alternative energy industry. From our early involvement in and support of such organizations as the American Wind Energy Association and the Alliance for Clean Energy, New York, Young/Sommer has been intimately involved with evolution of New York State policy regarding alternative energy projects. This work has included participating in the implementation of New York’s Renewable Portfolio Standard, the New York State Energy Research and Development Authority’s renewable energy credit program, New York’s State Energy Policy, and the New York State Department of Environmental Conservation’s policies on alternative energy development. The firm played a central role in advocating industry goals in the recently enacted Article X power plant siting law. We have also advised clients on solar siting legislation, net metering policy, and programs supporting customer-sited generation projects. Young/Sommer’s involvement in these programs gives us a unique insight that enables us to help our clients achieve their goals.

The firm’s alternative energy practice group includes Douglas Ward and James Muscato.

The following Young/Sommer attorneys represent clients in this practice area.

James A. Muscato IIJames A. Muscato II

Jim Muscato is a partner and his practice focuses on environmental and energy law and litigation. Jim assists clients in environmental permitting, State Environmental Quality Review Act issues, alternative energy project development, pollution cleanup and litigation.

 

Douglas H. WardDouglas H. Ward

Douglas H. Ward has extensive federal and state civil practice experience at both the trial and appellate levels. As an Assistant Attorney General from 1984 to 1995, he served as either the lead attorney or the supervising attorney in hundreds of environmental cases, including air, water, wetlands regulation and the State Environmental Quality Review Act.

 

Allyson M. PhillipsAllyson M. Phillips

Allyson M. Phillips received a Bachelor’s degree in Political Science from Fordham University and is a 2006 graduate of Albany Law School. While at Albany Law, Allyson served as Associate Editor for the Albany Law Journal of Science and Technology and was a research assistant for the Dean of the Albany Law School Government Law Center, Patricia E. Salkin.

 

Laura K. BomyeaLaura K. Bomyea

Laura Bomyea received her J.D. from Albany Law School, and her Bachelor’s degree in Philosophy, with a concentration in Literature, from Bard College.  She spent… Read More

 

E. Hyde ClarkeE. Hyde Clarke

E. Hyde Clarke joined Young/Sommer after receiving his J.D. from Albany Law School in May 2014. He received a Bachelor’s Degree in Political Science from… Read More

 

Jessica Ansert KlamiJessica Ansert Klami

Jessica Ansert Klami graduated Cum Laude from Albany Law School in 2009 and was admitted to practice in 2010.  She received a Bachelor’s degree in… Read More

 

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

Highview Estates of Orange County, Inc. v Town Bd. of Town of Montgomery, Orange County, 955 NYS2d 175 (2d Dept 2012)

The firm represented Taylor Holdings Group, Ltd/Taylor Biomass Energy in overturning a lower court judgment that annulled several state and local approvals that permit the… Read More

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