Update on the Terra-Gen Battery Storage Proposal – Positive Declaration Issued

By Rebecca Martin

Last night (October 2), the Town of Ulster Town Board, acting as lead agency, voted to issue a Positive Declaration (Pos Dec) under the State Environmental Quality Review Act (SEQR) for the proposed Terra-Gen battery energy storage project. This important step formally acknowledges that the project may have significant environmental impacts and requires a full Environmental Impact Statement (EIS).

Two motions appeared to be cast during the meeting. The first was for the board to approve the Positive Declaration (Pos Dec) resolution (see page 50 “meeting documents”) —contingent on a letter from Terra-Gen’s attorneys stating they would not sue the Town over the decision or to table it.  The second was to formally adopt the resolution.

We were surprised the Town chose to pass the resolution during a workshop meeting—without setting the public scoping period—despite public requests for a 90-day comment window. Typically, both actions occur together during a regular legislative session, as scoping is automatic with a Pos Dec. We’ll have to wait to see how the board handles this at the next Town Board meeting. Still, we appreciate Board Member Clayton Van Kleeck’s leadership and the thoughtful questions he raised—especially in contrast to continued misleading statements about legal risk that have caused confusion and delay.

For months, Supervisor James Quigley publicly claimed that issuing a Pos Dec could expose the Town to legal action. As recently as the September 25 meeting, he responded angrily to a resident request for a Pos Dec and a 90-day scoping process: “I’ll call for a Pos Dec right now, and then we can get sued.”

These repeated warnings were not only misleading—they were legally unfounded. A Pos Dec is a routine requirement under SEQR when a project has one potential significant environmental impact. It does not oppose or block a project; it merely initiates a full environmental review. Suggesting that complying with SEQR invites litigation misinformed both the Board and the public and fostered unnecessary fear around fulfilling a basic obligation.

For those who continue to claim that issuing a Pos Dec would appear to be a result of public pressure: if you read the Town’s own resolution, you’ll see it explicitly identifies the potential impacts that the public has been raising for months (see page 50 of “meeting documents”). The record shows that the Town recognized the same environmental concerns the community has long voiced—proving that the decision was based on substance, not simply public outcry.

In fact, during last night’s meeting, Terra-Gen’s attorney Rob Panasci (Young/Sommer LLC) said that the company does not oppose the Pos Dec. When directly asked by Van Kleeck whether Terra-Gen would sue over the decision, Panasci responded:

“We’re not suing. I don’t know if there was some implication of that? We wouldn’t be able to sue you if you issue a Pos Dec.”

Despite this clear statement, the Board still insisted on a formal letter from Terra-Gen confirming no lawsuit would be filed—an unusual and unnecessary step that underscores the months of misinformation from the Supervisor and the town’s legal counsel.

Ironically, it was later stated on the record that Terra-Gen preferred a Pos Dec be issued sooner rather than later—exactly as SEQR intends for a project of this scope.

The next step is the public scoping process, which defines the content of the Environmental Impact Statement. We expect the Town Board to outline the scoping process and address the community’s request for a 90-day public comment period at the next town board meeting scheduled for Thursday, October 16.