Regulatory

Phillips Lytle Regulatory Team has extensive experience representing clients in the energy and renewables sector throughout New York State.

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Navigating the Complex Regulatory Requirements of the Energy Sector

With extensive experience representing clients in the energy and renewables sector throughout New York State, we have a deep understanding of the complex and ever-changing regulatory landscape in New York.

Our experience with regulatory framework includes the New York State Public Service Commission (PSC) and local distribution utilities. The Energy and Renewables Team often aids clients with matters under the jurisdiction of the Office of Renewable Energy Siting, Public Service Law Article 10 (generating facility siting) and Article VII (transmission facility siting). Through formal petitions and informal agency matters, we have addressed regulations, orders and initiatives under the PSC.

Collectively, our Energy and Renewables attorneys have decades of experience in regulatory matters before the PSC, including the unique perspective of a former PSC staff attorney.

Phillips Lytle Energy Regulatory Experience

Office of Renewable Energy Siting (ORES)

We are well positioned to represent clients involved with the current ORES process thanks to our past experience in siting energy projects, including the Article 10 siting process. Our experience has covered approval for new electric generation and re-powering projects, including large-scale solar and other renewable energy sources.

Thanks to our deep bench of Energy and Renewables and Environmental Law attorneys, we aid clients in addressing regulatory concerns in addition to stakeholder issues tied to such renewable energy projects. Through each step of the process, from initial public involvement, to preparation and submission of the application, through the administrative hearing process, and final Siting Board approval, Phillips Lytle’s Energy and Renewables Team can efficiently manage and advance renewable energy projects through critical agency and public reviews, while ensuring budgets and deadlines are met.

Our team will determine whether a new project or expansion of an existing project would trigger Article 10 and help secure a declaratory ruling from the Public Service Commission where Siting Board review is not required—so projects can be expedited through local approvals.

Article VII Siting of Major Utility Transmission Facilities

Phillips Lytle’s Energy and Renewables Team strategically assists clients in navigating the siting process for major utility transmission. This is accomplished thanks to our experience in representing energy clients in addition to our extensive background in land use, zoning, permitting and environmental law.

This combination of experienced energy, environmental and land use attorneys allows us to efficiently manage projects through review, modification and approval of Certificates of Environmental Compatibility and Public Need from the Public Service Commission. Our team approach also allows us to ensure alignment with, and/or waiver of, substantive local land use and zoning requirements for the projects we represent.

Regulatory Dispute Resolution

Our ability to navigate delicate and complicated regulatory issues tied to energy projects has allowed our team to resolve a number of disputes involving state and federal preemption of local land use regulations, federal preemption of state

regulations, leasehold claims, unjust taxation, disloyal business partners and employees, environmental liabilities, brownfields, engineering malpractice, class action defense, defective products, toxic torts, labor and employment matters, contracts, real estate, eminent domain, vendor fraud and securities law.

We take a multidisciplinary approach in engaging our seasoned Litigation Team to protect our clients’ interests when regulatory issues threaten their renewable energy projects.

Meet Our Regulatory in Energy and Renewables Team


David Flynn
David P. Flynn Partner
Adam D. Herron Associate
Diana E. Konik Associate
Thomas Puchner
Thomas F. Puchner Partner
Meet the Team
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