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Government, Law and Policy Journal NYSBA SUMMER 2013 | VOL. 15 | NO. 1 Government, Law and Policy Journal A Publication of the New York State Bar Association Committee on Attorneys in Public Service, produced in cooperation with the Government Law Center at Albany Law School RENEWABLE ENERGY NEW YORK STATE BAR ASSOCIATION From the NYSBA Book Store > Legal Careers in New York State Government Tenth Edition • How to Find a Job in State Government • Employment Opportunities with New York State Government AUTHORS Professor Patricia E. Salkin • Employment Opportunities with the New York State Court Dean and Professor of Law System Touro College Jacob D. Fuchsberg Law Center • Employment Opportunities with Municipal Government Daniel Gross, Esq. Government Law Center, Everything you need to know about a career in public service Albany Law School, Albany, NY is conveniently compiled into this one directory. Revised in 2012, D’vora Koelling this informative handbook includes samples and information Government Law Center, Albany Law School, Albany, NY about civil servant announcements and application forms, graduate internship programs, graduate and post-graduate fellowship programs, clerkships, and the New York ethics PRODUCT INFO AND PRICES 2012 | 360 pages | softbound laws and regulations. PN: 41292 NYSBA Members $40 Non-members $60 Order multiple titles to take advantage of our low fl at rate shipping charge of $5.95 per order, regardless of the number of items shipped. $5.95 shipping and handling offer applies to orders shipped within the continental U.S. Shipping and handling charges for orders shipped outside the continental U.S. will be based on destination and added to your total. Get the Information Edge 1.800.582.2452 www.nysba.org/pubs Mention Code: PUB1718 SUMMER 2013 | VOL. 15 | NO. 1 Government, Law and Policy Journal Contents Board of Editors 2 Message from the Chair J. Stephen Casscles Catherine A. Christian Lisa F. Grumet James F. Horan 3 Editor’s Foreword Barbara F. Smith Rose Mary K. Bailly Albany Law School 4 Guest Editor’s Foreword Editorial Board Charles Gottlieb Rose Mary K. Bailly Editor-in-Chief 6 Renewable Energy in New York: Past, Present and Future Robert Heverly Keri Vanderwarker Director, Government Law Center 13 Article 10 and the Siting of Major Electric Generating Facilities in Vincent M. Bonventre New York State Founding Editor-in-Chief Paul Agresta Student Editors 20 Feasibility of Backyard Alternative Energy Systems under Stefen Short Different Zoning Schemes Executive Editor Emily Ekland Laura Bomyea Edward DeLauter 24 Tribes Get a New Lease on Renewable Energy Development: Katharine Fina Regulatory Reform in Surface Leases for Indian Trust Lands Evamaria Kartzian Laura Bomyea Craig Mackey Dave Schreiber 35 Transitioning to Renewable Energy: Development Opportunities Katie Valder and Concerns for Rural New York Senior Editors Adam Blair, Rod Howe and David Kay Editorial Offi ce GLP Journal 42 The Road to Energy Conservation: Climate Smart Steps Government Law Center Which Begin at Home Albany Law School Elisabeth N. Radow 80 New Scotland Avenue Albany, NY 12208 52 Introduction to Renewable Resources 518.445.2329 John Williams, Carl Mas and Sean Ferguson Send Address Changes to: Records Department New York State Bar Assoc. One Elk Street Albany, New York 12207 518.463.3200 [email protected] The Government, Law and Policy Journal welcomes submissions and suggestions on subjects of interest to attorneys employed or otherwise engaged in public service. Views expressed in articles or letters published are the authors’ only and are not to be attributed to the editors, the Government Law Center, or the Association unless expressly so stated. Authors are responsible for the correctness of all citations and quotations. Contact the editor-in-chief for submission guidelines. Material accepted for publication becomes the property of the Association. Copyright © 2013 by the New York State Bar Association. ISSN 1530-3942 (print) ISSN 1933-8414 (online). The Journal is published twice a year. Accommodations for Persons with Disabilities: NYSBA welcomes participation by individuals with disabilities. NYSBA is committed to complying with all applicable laws that prohibit discrimination against individuals on the basis of disability in the full and equal enjoyment of its goods, services, programs, activities, facilities, privileges, advantages, or accommodations. To request auxiliary aids or services or if you have any questions regarding accessibility, please contact the Bar Center at (518) 463-3200. Message from the Chair By Catherine A. Christian I am honored to serve Service recipients: former New York State Court of Ap- as Chair of CAPS as we peals Justice Carmen Ciparick, Hon. Judy Harris Kluger continue to serve public and Deborah Liebman, Deputy Counsel for the New York sector attorneys by promot- State Department of Taxation and Finance. The awards ing the highest standards subcommittee is now reviewing nominations for the 2013 of professional conduct and Citation for Special Achievement in Public Service which competence, providing a will be presented in September 2013. network system to further their common interests, and On May 16, we co-sponsored with the Albany County highlighting their excep- Bar Association’s Attorneys in the Public Service Commit- tional work. tee an informal meet and greet social event at Provence Restaurant in Albany. Special guest, Third Department The Committee has Presiding Justice Karen K. Peters, delivered uplifting re- been working on a number marks about bar association service and how public sector of ini tiatives and programs attorneys are a much needed voice within the member- that will interest public service attorneys for 2013. In ship. January our Annual Meeting program began in the morn- ing with a panel of distinguished constitutional law pro- Please join CAPS during 2013 at one or more of our fessors from Brooklyn Law School who summarized the events and meet other public sector attorneys and other biggest decisions of the 2011-2012 United States Supreme members of the bar represented in NYSBA Committees Court term. The afternoon panel on Social Media and Legal and Sections. Ethics explored the most common uses of social media We have assembled a stellar group of authors and by lawyers in both the private and public sector and ex- informative articles for this issue dedicated to renewable amined the legal and ethical issues that are implicated by energy. Once again, a big thank you to Rose Mary Bailly those uses. The day was capped by a well-received recep- for her continued dedication and tireless work as editor– tion honoring the 2013 Award for Excellence in Public in-chief of the Government, Law and Policy Journal. NYSBA’s Committee on Attorneys in Public Service (“CAPS”) has a blog high- lighting interesting cases, legal trends and commentary from around New York State, and beyond, for attorneys practic- ing law in the public sector context. The CAPS blog addresses legal issues ranging from government practice and public service law, social justice, professional competence and civility in the legal pro- fession generally. Entries on the CAPS Blog are generally authored by CAPS members, with select- ed guest bloggers providing articles from time to time as well. Comments and tips may be sent to [email protected]. To view the CAPS Blog, you can visit CAPS Blog for and http://nysbar.com/blogs/CAPS. You can bookmark the site, or subscribe to the RSS by Public Service feed for easy monitoring of regular up- dates by clicking on the RSS icon on the Attorneys home page of the CAPS blog. 2 NYSBA Government, Law and Policy Journal | Summer 2013 | Vol. 15 | No. 1 Editor’s Foreword By Rose Mary K. Bailly Charlie Gottlieb, Esq., a staff attorney at the of the Class of 2013, once Government Law Center and my colleague, graciously again worked extremely agreed to be the Guest Editor for this issue of the hard to help create this Government, Law and Policy Journal devoted to renewable issue. My thanks also to the energy. Charlie is passionate about environmental staff of the New York State issues so we are grateful to him and the authors he has Bar Association, Pat Wood, assembled to discuss the emerging issues in this fi eld. Megan O’Toole, Wendy The topic of renewable energy is regularly in the Harbour, and Lyn Curtis, news these days, whether it be about alternative forms for their help, expertise of clean energy, economic innovation and investment and most especially their opportunities, clean energy jobs, or promising renewable patience. And last, my energy resources from “the windy shores off Long Island thanks to Patty Salkin, now to sun-exposed rooftops upstate.”1 Dean of Touro Law Center, for her inspiration. The authors of this issue of the Journal provide us Finally, I take full responsibility for any fl aws, with the context for the daily news and broaden our mistakes, oversights or shortcomings in these pages. understanding of this cutting-edge issue. The errors are entirely my own. Your comments and suggestions are always welcome at [email protected] I would like to especially thank our Executive Editor or at Government Law Center, 80 New Scotland Avenue, for 2012-2013, Stefen Short, Albany Law School, Class of Albany, New York 12208. 2013 for his professionalism and enthusiasm and ready response to last-minute editing requests. He and his Endnote Albany Law School colleagues, Laura Bomyea, Edward 1. Michael Hill, NY Renewable Energy Study Finds New York Could DeLauter, Katharine Fina, Evamaria Kartzian, Craig Soon Be Powered By Wind, Water And Sunlight, The Huffi ngton Mackey, Dave Schreiber, and Katie Valder, all members Post (April 7, 2013), available at http://www.huffi ngtonpost. com/2013/04/07/ny-renewable-energy-study_n_3032873.html. Ethics—We’ve Got an App for That! The new NYSBA mobile app for Ethics offers you the complete NYSBA Ethics library on the go.
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