Article 10 of the Public Service Law
If you are not familiar with Article 10 of the Public Service Law, we can help. We have experience representing towns and public interest groups participating in Article 10 proceedings located throughout the state.
In the Article 10 process for siting power plants, New York State, not local government, has the final say on whether a major renewable energy facility can be constructed. Municipalities and interest groups are key stakeholders in the Article 10 process. With proper representation your town or interest group can shape the issues that must be addressed by a wind or solar developer and the state.
Our Article 10 team includes Dennis C. Vacco and Mark C. Davis. Dennis Vacco is the former New York State Attorney General and has a wealth of experience dealing with state government actions and administrative proceedings such as Article 10. Mark Davis is a former town attorney with municipal law experience, and who has represented numerous clients in Article 10 proceedings.
Our Article 10 services include, but are not limited to:
- Assessment of comprehensive plan, town code, and zoning laws with an eye towards how such laws will play into the Article 10 process;
- Assistance in drafting local wind laws, and updating the town's comprehensive plan and zoning laws;
- General consultation regarding Article 10;
- Advice and guidance regarding specific Article 10 projects;
- Coordination with other stakeholders and parties;
- Coordination with state agencies;
- Advice regarding politics and public relations;
- FOIL/FOIA Requests;
- Representation in the Article 10 administrative process, including drafting and responding to filings, motion practice before Examining Officers, and full representation during the adjudicative phase of Article 10;
- Review and analysis of a developer's pre-application and post-application documents and studies;
- Retention of and coordination with experts. Article 10 requires an analysis of many factors requiring technical expertise and testimony;
- Representation during Stipulation Process, during which agreements can be reached between stakeholders and a developer;
- Applications for rehearing, if required;
- Meteorological Towers;
- Judicial Challenge to Siting Board decision (as appropriate)
– Article 78 Proceedings
– Constitutionality of Article 10, home rule
– Nuisance Actions, TRO/PI to halt building
– Federal Actions (nuisance/environmental issues).