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Perspectives on New York Energy, Land Use & Municipal Law

Analysis and commentary on the legal developments shaping New York's renewable energy transition, land use regulation, and municipal governance — from the attorneys at O'Toole Law Group PLLC.

Attorney Advertising / Informational Only. The articles on this page are provided for general informational purposes and do not constitute legal advice. Reading these materials does not create an attorney-client relationship. For advice on a specific legal matter, please contact our office.

Renewable EnergyMunicipal LawApril 2026

Navigating Battery Energy Storage System (BESS) Safety: A Guide for Municipal Regulations

As New York accelerates its clean energy transition, municipalities face the challenge of regulating Battery Energy Storage Systems (BESS) — distinguishing life-safety requirements governed by fire and building codes from land use protections managed through zoning. Understanding UL 9540 and UL 9540A testing standards is essential for drafting legally defensible local laws that protect communities while accommodating necessary energy infrastructure.

BESSBattery StorageRenewable EnergyMunicipal LawZoningUL 9540Fire SafetyLand Use
Land Use & SEQRAMunicipal LawEnvironmental LawApril 2026

State Supreme Court Strikes Down New DEC Wetlands Regulations: What It Means for Municipalities and Developers

On April 8, 2026, the Albany County Supreme Court annulled the DEC's new freshwater wetlands regulations (6 NYCRR Part 664) in their entirety, finding that the agency failed to comply with SEQRA before the rules took effect. The 2022 legislative amendments that triggered the new rules remain in force — but the most burdensome regulatory choices are gone, at least for now. Here is what municipalities and developers need to know.

WetlandsDECSEQRAPart 664Freshwater Wetlands ActLand UseMunicipal LawEnvironmental LawDevelopersArticle 24
Municipal LawSiting & PermittingBESSMarch 2026

Battery Storage and the Preemption Question: What Municipalities Need to Know Now

Albany is actively considering legislation that could extend state siting authority over battery energy storage systems (BESS), potentially displacing the local zoning, special use permit, and SEQRA processes that municipalities currently rely on. Local control remains intact today — but the legislative trend signals a moderate to elevated risk of future preemption. Here is what municipal boards should be doing now.

BESSBattery StoragePreemptionMunicipal LawLocal ZoningS8645S5506S7197BORESArticle VIII
Municipal LawSiting & PermittingMarch 2026

Solar Leasing, Farmland, and the Food Supply Chain: What a New Cornell Study Gets Right — and What It Leaves Open

A peer-reviewed study in Rural Sociology (Walsh, Stedman & Kay, 2026) surveyed nearly 600 rural landowners in three New York counties and found that farmers who lease to large-scale solar developers are three times more likely to use the revenue to continue farming than to exit agriculture. The findings complicate a familiar narrative — but significant food supply chain concerns remain, and agrivoltaics is emerging as a potential bridge.

Large-Scale SolarFarmlandAgrivoltaicsFood Supply ChainLand UseSEQRAArticle VIIIORESCornell Research
Siting & PermittingMarch 2026

The RAPID Act: New York's New Framework for Renewable Energy and Transmission Siting

Effective April 20, 2024, the RAPID Act repealed Executive Law § 94-c and enacted a new Public Service Law Article VIII, consolidating the siting of major renewable energy and electric transmission facilities under a single state office. Here is what municipalities, developers, and landowners need to know.

RAPID ActArticle VIIIORESRenewable Energy SitingMunicipal Law
ORES RulemakingFebruary 2026

ORES Finalizes RAPID Act Regulations: What Changed and What It Means for Your Project

On February 12, 2026, the New York Public Service Commission approved final regulations implementing the RAPID Act under a new 16 NYCRR Chapter XI. The regulations govern both renewable energy and electric transmission siting and represent a significant departure from the prior 94-c framework.

ORESRAPID ActRulemakingArticle VIIIPermitting
Municipal LawJanuary 2026

How Municipalities Can Protect Their Interests in Article VIII Proceedings

The RAPID Act consolidates siting authority in a state office that can override local laws. But municipalities are not without recourse. Early engagement, strategic use of the pre-application process, and well-drafted host community benefit agreements remain powerful tools.

Municipal LawArticle VIIIORESHost Community BenefitsZoning
CLCPAMarch 2026

Governor Hochul Proposes Rolling Back CLCPA Deadlines: What Is at Stake

In March 2026, Governor Hochul proposed significant amendments to the Climate Leadership and Community Protection Act — including a seven-year extension of the 2024 emissions reduction deadline and changes to how the state counts greenhouse gas emissions. Advocates and legislators are pushing back hard.

CLCPAClimate LawRenewable EnergyNew York StatePolicy
Land Use & SEQRANovember 2025

SEQRA and Renewable Energy Projects: What Local Boards Need to Know

For renewable energy projects below the 25 MW ORES threshold — including community solar, small wind, and battery storage — local land use boards remain the primary decision-makers. Understanding SEQRA's role in those reviews is essential for both municipalities and project applicants.

SEQRALand UseCommunity SolarZoningEnvironmental Review
LitigationSeptember 2025

Article 78 Proceedings and Renewable Energy Siting: When and How to Challenge a Siting Decision

Article 78 of the CPLR provides the primary vehicle for judicial review of administrative decisions in New York — including decisions by ORES, local zoning boards, and planning boards on renewable energy projects. Understanding the standards and timing requirements is essential for any party considering a challenge.

Article 78LitigationORESZoningJudicial Review

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The issues covered in these articles affect municipalities, developers, and landowners across New York State. If you have a specific legal question, we are here to help.

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