The operator of a natural gas-fired power plant in New York filed a lawsuit challenging the New York State Department of Environmental Conservation’s (DEC’s) denial of its application to modify a Title V air permit to construct and operate a new, more efficient electricity generating plant. The operator contended that DEC unlawfully based the denial on “general provisions” of the Climate Leadership and Community Protection Act (CLCPA), which was enacted in 2019. The operator asserted that DEC’s interpretation of the CLCPA as barring a new plant on the site of an existing plant because it would result in greenhouse gas emissions that do not currently exist would effectively impose a ban on issuance of all Title V permits for new or repowered greenhouse gas-emitting electricity generation sources. The operator argued that the CLCPA did not authorize such a ban and that, even if it did, DEC had established and applied a de facto new rule without complying with requirements of the New York State Constitution and the State Administrative Procedure Act. In addition, the operator claimed that denial of the permit violated its due process rights and was arbitrary and capricious.

Natural gas-fired power plant operator's challenge to denial of Title V air permit application for a new, more efficient electricity generating plant.

Danskammer Energy, LLC v. New York State Department of Environmental Conservation

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Gas Plant Operator Said New York Unlawfully Denied Permit for New Plant

Filed

United States of America

New York

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Gas Plant Operator Said New York Unlawfully Denied Permit for New Plant

Target

Policy instrument

Risk

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance