Implications of NY Climate Case for Generating Facilities
Article
Law360
John Dax, Michael Hecker & Jeffrey Stravino
On Nov. 14, the Supreme Court of the State of New York, County of Yates, ruled that § 7(2) of the Climate Leadership and Community Protection Act, or CLCPA, not only requires that state permitting agencies consider whether an action is consistent with the law's environmental goals, but also authorizes agencies to deny a permit based solely on its determination that the action is inconsistent with those goals.
In doing so, however, the court also ruled that an agency's discretion is limited and must be supported by a proper analysis.
John Dax, Michael Hecker, and Jeffrey Stravino co-authored this article, which was based on a client alert.
