ORANGE COUNTY, N.Y. – A pending decision on air quality permits for the Competitive Power Ventures (CPV) Valley Energy Center is drawing sharp attention from lawmakers and environmental advocates, who say the outcome will be a major test of Gov. Kathy Hochul’s dedication to New York’s landmark 2019 Climate Act.
The Permit in Question
The state Department of Environmental Conservation (DEC) is reviewing CPV’s application for Title V and Title IV air quality permits, which would allow the natural gas-fired power plant to continue operating in Orange County. The plant has been running without a finalized permit for seven years, following the DEC’s initial denial in 2018.
Since then, the Climate Leadership and Community Protection Act (CLCPA) has taken effect, requiring New York to reduce greenhouse gas emissions by 40% by 2030. State energy officials recently warned that New York may fall short of that goal.
Opposition from Lawmakers and Environmentalists
Democratic lawmakers and environmental groups argue the plant’s continued operation violates the CLCPA’s emission-reduction mandates.
“The law is very clear that new projects, new permits, cannot be approved that run contrary to the emissions reductions that the law calls for,” said Sen. James Skoufis (D–Woodbury).
Kim Fraczek, director of the Sane Energy Project, said the plant harms the community and reinforces dependence on fossil fuels. She accused Gov. Hochul of siding with the fossil fuel industry, pointing to her approval of a $4 billion National Grid infrastructure upgrade and openness to reconsider two natural gas pipeline projects.
Fraczek also alleged political calculation ahead of Hochul’s re-election bid:
“We believe that she is in the pocket of the fossil fuel corporations… cowering to Trump politics to not stir up so much drama before her re-election.”
Governor’s Office Responds
A spokesperson for Hochul disputed those claims, saying she has not promised any pipeline approvals and remains committed to renewable energy.
“New York remains committed to moving forward with an energy policy that prioritizes affordability, grid reliability and sustainability,” said Ken Lovett, Hochul’s spokesperson on energy and the environment.
He added that New York has led the nation in offshore wind and solar investments, but stressed the need for a balanced approach to maintain reliable power and support economic growth.
History of the Plant’s Permit Process
The DEC has denied two similar permit applications since the Climate Act’s passage. Skoufis said the agency must now apply the same standard to CPV to remain consistent.
A state Senate probe in 2022 revealed that DEC leaders under former Gov. Andrew Cuomo sought his direct input before deciding on CPV’s permit, raising concerns about political influence in environmental decision-making.
A 2019 state Supreme Court ruling allows the plant to operate under an Air State Facility permit until the renewal process concludes.
Public Input and Environmental Justice
Earlier this year, the DEC held two virtual hearings and accepted more than 1,000 public comments on the permit. According to Skoufis, few supported the plant.
CPV’s application claims the facility would not add new emissions sources or disproportionately impact disadvantaged communities. The company has pledged to create a $1 million grant fund over five years for projects reducing greenhouse gases and other pollutants.
DEC’s Review Continues
The DEC emphasized that all permit applications undergo rigorous review for compliance with federal and state standards, including the Climate Act.
“DEC protects public health and the environment and upholds environmental justice and fairness,” the agency said in a statement.
The CPV Valley Energy Center did not respond to requests for comment. The final decision on the permit is still pending — and with it, a potential defining moment for the future of New York’s climate policy.
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