Town of Cambria Supervisor Jon MacSwan said this past week that there was no movement in the appeal to gain “party status” in the Bear Ridge Solar Project.
Whether this is good or bad is still in question.
So far, the proposed 88-megawatt utility spread over 900 acres in the towns of Cambria and Pendleton is still set to be constructed, according to Keith Silliman, Cypress Creek Renewables’ director of compliance. A siting permit for the project was received by the corporation in July of 2023.
However, one more appeal was approved by the town board in July, Cambria’s apparent final legal option. If the appeal is won, the town would be able to make legal arguments protecting aspects of its local solar law.
At the time of its last appeal, MacSwan said the decision by the Court of Appeals would be quick, even noting that the appeal may be dismissed without any consideration.
However, three months later, there is still no word as to what the answer will be.
“I’ve heard nothing on solar, I talked to Alex Vacco (of Lippes Mathias LLP) last week. It’s surprising it’s gone on this long,” MacSwan said.
He said he took the delay as, “odd” and unexpected.
Matthew Foe, the commissioner of special projects, also spoke about the solar project. He noted that elsewhere there had been court decisions that seemed to make a case for “home rule” which is the local government’s right to determine the laws of its own municipality.
While the court case was on the right of the state to dictate election years, a state law signed late in 2023 by Gov. Kathy Hochul, Foe saw similarities to Cambria’s situation with the state Office of Renewable Energy Siting not considering the town’s own solar law in favor of regulations set by the state.
“They’re going to say our town’s zoning doesn’t count. We think it does. We think home rule counts and that’s why everybody here elects these people who sit up there. That’s home rule. If you don’t like the work they’re doing, un-elect them. It’s pretty simple,” he said.