New York appeals court upholds state wind permit and narrow standard for opponents seeking party status
The Appellate Division, Third Department, on May 14, 2026 affirmed a siting permit for a 147-megawatt wind project in Steuben County, holding that general objections do not earn opponents party status before the state siting office.
On May 14, 2026, the Appellate Division, Third Department, decided Prattsburgh Preservation Alliance, Inc. v. New York State Office of Renewable Energy Siting and Electric Transmission, No. CV-24-2046 (2026 NY Slip Op 03037), confirming the Office's September 2024 siting permit for the Prattsburgh Wind project and dismissing the petition. Prattsburgh Wind, LLC proposed a 147-megawatt, 36-turbine facility in the Towns of Prattsburgh, Avoca, Cohocton, Howard and Wheeler in Steuben County. The court's reasoning gives developers and opponents a worked example of what must be pleaded to obtain an adjudicatory hearing under the Office's regulations.
Matter of Prattsburgh Preservation Alliance Inc. v. New York State Off. of Renewable Energy Siting & Elec. Transmission, No. CV-24-2046, 2026 NY Slip Op 03037, 249 AD3d 1364 (3d Dep't May 14, 2026); Pub. Serv. Law § 146(3); 16 NYCRR 1100-8.3(d), 1100-8.4(c)(2)(ii)