Keane & Beane attorneys Richard L. O’Rourke, Jennifer L. Gray and Zachary D. Oliva were successful in defeating a motion to enjoin the operation of a $1.6 billion 1,000 megawatt natural gas fired power plant in the Dover, New York. The power plant known as Cricket Valley Energy Center underwent a comprehensive environmental review process by New York State Department of Environmental Conservation including the preparation of an Environmental Impact Statement. Keane & Beane served as Counsel throughout the exhaustive review process. The environmental review was completed and local land use approvals were secured in 2012. The power plant, with its state of the art design and implementation of best available technology, will replace dirtier power plants that contribute far greater amounts of greenhouse gas emissions to the atmosphere. The power plant could reduce property tax bills in the Town of Dover by almost 25%.
Petitioner filed a motion seeking to halt the plant’s operations and require NYSDEC to conduct supplemental environmental studies. In a Decision & Order dated January 29, 2020, the Dutchess County Supreme Court denied Petitioner’s application for a preliminary injunction noting Petitioner’s delay in seeking relief. The Court further stated that “…Petitioner has not demonstrated a likelihood of success on the merits.”
The Cricket Valley Energy Center is an affiliate of Advanced Power AG, a leading international energy developer of power generation and related infrastructure projects throughout Europe and North America. Advanced Power has over 7,000 megawatts in operation, under construction or under development in the United States and Europe.
