On June 3, 2020, twelve months from the date its application was accepted by the Siting Board, the Board issued a Certificate of Environmental Compatibility and Public Need, with Conditions pursuant to Public Service Law, Article 10. On September 25, 2020, the Siting Board denied petitions for rehearing submitted by intervenor parties, the Town of Farmersville and the Coalition of Concerned Citizens. The intervenor parties then filed suit in the state Supreme Court, Appellate Division (Fourth Department).
Initial briefs of the intervenor parties are available from the links below. The briefs reference documents filed in the Article 10 proceeding, all of which are posted online, on the "Document Matter Master" (DMM) maintained by the Department of Public Service. Specifically, the briefs cite to the DMM "Item No." found in the sixth column of the DMM page.
Reply briefs by the Siting Board and by Alle-Catt are anticipated on February 27, 2021.
The Court has scheduled oral argument for its August 11, 2021 term.
Town of Farmersville initial brief (January 27, 2021) (Coalition of Concerned Citizens and Dennis Gaffin v. New York State Board on Electric Generation Siting and the Environment and Alle-Catt Wind Energy, LLC, No. OP 20-01405)
Coalition initial brief (January 27, 2021) (Town of Farmersville v. New York State Board on Electric Generation Siting and the Environment, Alle-Catt Wind Energy, LLC, State of New York, John Doe Corporations and John Does, No. OP 20-01406)