Updated as of May 19, 2023:
Couch White partner Len Singer was successful in obtaining dismissal of an appeal brought in the New York Appellate Division, Second Department challenging the NYPSC’s order approving the construction and operation of the transmission line connecting the South Fork wind farm (SFW), New York’s first offshore wind farm, to the electric transmission grid in East Hampton, New York. Mr. Singer represented the wind farm developer South Fork Wind, LLC throughout proceedings before the NYPSC and in March 2021 obtained an order granting a certificate under Article VII of the NY Public Service Law authorizing the transmission line to be built. Opponents of the project then filed an appeal of the NYPSC’s order with the Appellate Division, Second Department. However, on May 10, 2023, based on the filings and oral argument by Mr. Singer in opposition to the appeal, the appellate court dismissed the appeal. A copy of the court’s decision is here.
Couch White’s success, based on its experience and expertise, in obtaining all of the necessary New York state permits for the transmission line and defeating the judicial challenge to those permits, despite the opposition of a well-funded opposition group, has received praise from outside observers.