The DEC has a way for renewable energy projects to move forward even if they risk endangered species.
A regulation has been adopted by the DEC to address negative impacts to endangered and threatened species during the construction of renewable energy and energy transmission projects. If an adverse impact is anticipated, applicants are required to explore avoidance and minimization measures. If an applicant cannot avoid impacts, the state will evaluate whether the anticipated unavoidable harmful impacts can be effectively mitigated offsite. If offsite mitigation is viable, the DEC will determine how much the applicant must pay into the Mitigation Bank Fund before moving forward with the project.
Judicial Report
