Coalition of Concerned Citizens v. New York State Board on Electrical Generation Siting & the Environment

The New York Appellate Division upheld a certificate of environmental compatibility and public need issued by the New York State Board on Electric Generation Siting and the Environment for a wind-powered electric generating facilities in several Western New York counties. The court rejected contentions that the Board did not give sufficient weight to community character, “failed to balance the severe adverse impact on that character against the project’s modest and theoretical benefits.” The court also rejected the contention that the Board’s conclusion that the project would have beneficial climate effects was based on speculation. In addition, the court ruled that the petitioners challenging the wind energy facility lacked standing to bring claims based on the First Amendment rights of Amish residents and rejected claims related to various local laws.