Matter of Prattsburgh Preserv. Alliance Inc. v. New York State Off. of Renewable Energy Siting & Elec. Transmission

Summary

The Appellate Division, Third Department reviewed a CPLR article 78 challenge to the New York State Office of Renewable Energy Siting and Electric Transmission's issuance of a siting permit for a 147-megawatt wind facility. The court held that the petitioner's challenges concerning seasonal-residence setbacks and noise limits were unpreserved and that the petitioner failed to demonstrate substantive and significant issues warranting full party status or an adjudicatory hearing. The court also rejected the claim that the permitting process failed to provide meaningful public involvement and confirmed the determination, dismissing the petition.

Holdings

1. Petitioner's challenges were unpreserved because petitioner did not present them in its petition for full party status, and it could not preserve its own claim by relying on arguments raised by a different party.
2. ORES properly denied petitioner full party status and an adjudicatory hearing because petitioner failed to demonstrate that its proposed issues were both substantive and significant.
3. ORES's permit process afforded meaningful involvement of citizens affected by the facility as required by Public Service Law § 146(3)(f).

Questions Presented

1. Whether petitioner's challenges concerning setbacks and noise-exposure limits for seasonal or part-time residences were preserved for judicial review.
2. Whether ORES properly denied petitioner full party status and an adjudicatory hearing because petitioner failed to raise substantive and significant issues supported by an adequate offer of proof.
3. Whether ORES's siting-permit process afforded meaningful involvement of citizens affected by the project as required by Public Service Law § 146(3)(f).
4. Whether ORES's determination was arbitrary and capricious, an abuse of discretion, or unsupported by substantial evidence.

Disposition

dismissed