Well, New Yorkers, you kinda voted for this when you voted in Democrats as the majority, with 106 Dems to 43 Republicans and 1 Independent. When you vote Democrat for Governor, and they appoint people who make sure “dirty” energy (which is reliable, dependable, and affordable) is killed off. Don’t be surprised when your power costs go higher, and it’s unreliable
N.Y. Court Upholds Denial of Air Permit on Climate Change Grounds
A New York trial court’s ruling to uphold a decision by the New York State Department of Environmental Conservation (DEC) to deny a natural gas-fired power plant a key air permit on climate-change grounds could have serious consequences. Although the decision remains subject to appeal, if affirmed it will grant enormous power to state agencies to deny permits and other approvals under the Climate Leadership and Community Protection Act (CLCPA), the state’s comprehensive climate change statute.
This decision strongly reinforces the need for all businesses in New York to be aware of the statute’s scope and impact.
The CLCPA is a comprehensive statute that requires the nearly complete decarbonization of New York’s economy by 2050. Among its aggressive requirements are a statutory obligation for the state to obtain 100% of its electricity from emissions-free sources by 2040, and a requirement that the DEC establish statewide greenhouse gas (GHG) emissions limits applicable to all sectors of the economy. (snip)
In 2019, the owner of the Danskammer Generating Station in Newburgh, N.Y., filed an application with the DEC for a new Title V air permit, which would authorize the replacement of its existing natural gas-fired equipment with new, more efficient equipment. On Oct. 27, 2021, the DEC rejected Danskammer’s application on the grounds that the replacement project would increase GHG emissions from the facility (due to more frequent dispatch).
By reaching this decision, the DEC effectively asserted that it has the authority to deny a permit application under Section 7(2) if the proposed action would be inconsistent with or interfere with the statewide GHG emissions limits established under the CLCPA.
So, they just wanted to replace the old equipment with newer, better equipment, which means the existing plant will not be as good, and will have to shut down at some point in the future. What is it being replaced with? No one knows. But, the climate cult must be appeased.
In its decision, the court found that the DEC’s denial of the permit was within the scope of its authority under the CLCPA. While the court acknowledged that Section 7(2) did not expressly authorize regulatory agencies to deny permits, it did not expressly forbid them from doing so, either. It therefore found it necessary to analyze the Legislature’s intent in enacting the law to determine whether agencies have the authority to deny permits under Section 7(2).
Wait, what? This is absurd. If the law didn’t give them the authority to deny permits, that’s it. It doesn’t matter if the law didn’t expressly forbid it. The law must authorize. This is what you get with activist courts. And that’s what you voted for, New Yorkers.
While the case is likely to be appealed, if it were to hold up it would grant to the DEC and other state agencies enormous power to reject permits for any project that they find will materially increase GHG emissions. This would include not just air permits, but other permits issued by the DEC and other agencies, including, but not limited to, wastewater permits, water quality certifications issued under the Clean Water Act, and determinations of consistency with the Coastal Zone Management Act.
If this decision is upheld in federal court, it means that NY state agencies can assume power that was not granted to them. Have fun! And stay in New York if you voted Democrat. Don’t try and escape to states that do not have these problems.
Bloomberg reported:
So what if New York State does not obtain 100% of its electricity from emissions-free sources by 2040? What if there is simply not enough generation capacity in the Empire State to power all of those things that people not only use today, but will have to replace with electric versions, such as gas ranges, gas or heating oil furnaces, and gasoline or diesel powered cars and trucks?
New York ‘enjoys’ some cold winter weather, along with lake effect snow that practically buries places in the northwestern part of the state, and depending upon solar energy to provide sparktricity, with reduced daylight hours, lower sun angles, and solar panels which can get covered in snow or ice during the limited hours they could normally collect are problems that good intentions and legislation cannot solve.
What happens when Buffalo and Watertown get buried under 36″ of lake effect snow, and the crews that would be assigned to clean off the solar panels can’t get to them for a day?
What happens if investors and private energy companies simply don’t build enough solar or wind plants to provide the emissions-free sparktricity demanded? New York is a high regulation state, full of the clones of Alexandria Ocasio-Castro, who are going to push ever-tighter regulations, and impose ever-rising costs on building and industry; can anyone be certain that enough investors will commit enough money in New York’s economy to build the three and four figure acreage solar farms needed to power even smaller towns?
Our esteemed host erred:
Sadly, this is not correct. If the law requires a permit to do X, and sets up an agency to issue those permits, it sets up a body to determine the conditions for issuing those permits. Unless the law is “shall issue” based upon legislatively-specified conditions, the agency has discretion.
The authoritarian Teach: stay in New York if you voted Democrat. Don’t try and escape to states that do not have these problems
That’s right New Yawkers – don’t move to WV, KY, TN, AR, MS, AL or any other redstate paradise!!
Like the genitalia checkers Teach wants at all bathrooms, he wants vote checkers at state borders!
‘Battle for the American Mind’: James and Betty Robison Interview Author Pete Hegseth – #1 on NYT Best Seller List two weeks in a row!
https://commoncts.blogspot.com/2022/06/battle-for-american-mind-james-and.html
Lol
The poorer red states are very concerned about NY being able to continue to support them through payments to DC that go to red states.
What will happen if those rich blue states can’t continue to overpay DC?
As for not moving? Sorry teach but that is all part if our SOROS plan
We are sending our unneeded Dem voters from states like Cali and NY to turn blue purple states
And NC is on that list!!! Better start having white GOP babies and pdq.
Those rich blue states will go bust if they can’t keep the lights on. And NY state is shutting down their nuke plants, and their hydropower in the western end of the state won’t suffice. If they can’t get power or food from those red states, they’ll be dead in the water.
Fine. Now ban them from importing any electrical power over the grid. Let’s watch the lights go out in NYC.