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 be reviewed pursuant to PSL §70. The Commission issued a declaratory ruling finding the Petitioner’s argument persuasive and agreeing with Petitioner’s interpretation that the transaction should not be reviewed under... 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 §70 to a certain transfer of Class B ownership interests and the application of the PSC’s precedential Wallkill Presumption. The Commission found that the joint Petitioners satisfied the Wallkill Presumption... 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 interest (50%) in two wind farm project companies through an intra-corporate reorganization. Because the transaction did not affect the ultimate ownership of Flat Rock and Flat Rock II, the Commission... 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 Board’s approvals for the wind farm, claiming a number of substantive errors under SEQRA and procedural mistakes. The Court ruled in favor of the Respondents, primarily finding that Plaintiffs’ lawsuit... READ MORE

Renewable Energy Projects and Policy Development

As head of the firm’s Renewable Energy practice group, Jim Muscato is a leader in renewable energy project and policy development in New York, including wind, solar, hydro, biomass and emerging technologies, such as energy storage systems. Working in renewable energy development for 20 years, Jim continues to provide clients with strategic permitting advice and... 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, annul, and set aside Site Plan approval by the Planning Board of the Town of Hounsfield for the installation and operation of wind turbine generators on Galloo Island. The Court... READ MORE