The Intersection of New York’s Public Utility Use Variance Standard and the Climate Leadership and Community Protection Act
Daniel A. Spitzer and Alicia R. Legland recently published an article in New York Law Journal on public utility variance standard.
Although New York does not allow municipalities to zone out public utilities where a public necessity exists, how that is carried out has been a common area of dispute.
Dan and Alicia drafted an article explaining the history of the public utility variance standard, how it applies to renewable energy projects, and analyze a current dispute in the Town of Athens.