Clean Air Coalition of Western New York, Inc. v. New York State Public Service Commission

The New York Appellate Division affirmed a New York trial court’s ruling that the New York State Public Service Commission’s (PSC’s) approval of the transfer of a membership interest in the owner of an upstate gas power plant to a cryptocurrency company was subject to a Climate Leadership and Community Protection Act (CLCPA) requirement to consider whether certain agency actions “are inconsistent with or will interfere with the attainment of the statewide greenhouse gas emissions limits” established by the CLCPA. The appellate court rejected the PSC’s contention that the action it took was a “declaratory ruling that did not amount to an administrative approval” because the action “was simply a determination that no further review—i.e., approval—was necessary.” The appellate court found that “[t]he declaratory ruling had the effect of approval inasmuch as it determined that the acquisition was subject to this lower standard of review and no further review was necessary.” The appellate court also rejected the PSC’s argument that because the New York State Department of Environmental Conservation regulated the power plant, PSC review under the CLCPA was not necessary. In addition, the appellate court found that the PSC’s “pro forma statement” that its declaratory ruling would not interfere with CLCPA greenhouse gas emissions limits did not satisfy the PSC’s obligations under the CLCPA.