Ruling in favor of the Empire Center, a state Supreme Court judge in Albany has ordered the Cuomo administration’s energy and environmental agencies to release a supposedly incomplete “comprehensive study” of how to meet the governor’s aggressive renewable energy goals.

The decision handed down by Justice Peter A. Lynch late last week was greeted as “a big victory for transparency and accountability in government” by the Empire Center’s executive director, Tim Hoefer.

“Time and time again, we have seen agencies try to dodge FOIL requirements hiding behind various exemptions and using stall tactics to conceal information and data they clearly possess,” Hoefer said. “This decision would make it clear that such tactics simply won’t pass muster.”

Filed on Empire Center’s behalf by the nonprofit Government Justice Center, the lawsuit stems from Cuomo’s January 2017 promise to have the New York State Energy Research and Development Authority (NYSERDA) and the state Department of Environmental Conservation (DEC) produce a study identifying “the most rapid, cost-effective, and responsible pathway to reach 100 percent renewable energy statewide.”

In April 2019, more than two years after Cuomo first announced it, policy analyst Ken Girardin of the Empire Center filed a Freedom of Information Law (FOIL) request with NYSERDA and the DEC, requesting a copy of the study. A May 30 reply to Girardin claimed the study “has not yet been completed,” but added that the department “does possess the records that (Girardin had) requested.” When Girardin appealed, noting that statistical or factual tabulations arising from the study were not exempt from release, the DEC denied his appeal on the ground the agency “does not possess records” responsive to the request.

NYSERDA, meanwhile, initially responded to Girardin that the agency “has identified documents responsive to your request,” but added that the document should be withheld on grounds under an exemption for “inter- or intra-agency” data. When the Empire Center appealed that ruling, NYSERDA President Alicia Barton denied the appeal on grounds the records cited “were not in fact responsive” to the FOIL request.

Reviewing these exchanges and judicial precedents in similar cases, Justice Lynch wrote: “Based on the conflicting positions taken by (DEC and NYSERDA), it is manifest that [they] have failed to meet their burden of proof to establish an exemption” under FOIL. Justice Lynch also noted that Barton’s sworn affidavit contained a “misrepresentation” of her actual testimony to legislative leaders, and that it “begs the question as to whether the study is final but undisclosed.”

Lynch ordered the two agencies to hand over the records and also to cover Empire Center’s court costs. DEC and NYSERDA responded Tuesday by filing notice of appeal, which will allow them to continue withholding the records for now.

“With the help of the Government Justice Center, we will continue fighting in the appellate courts for the public’s right to know,” Hoefer said.

The Empire Center, based in Albany, is an independent, not-for-profit, non-partisan think tank dedicated to promoting policies that can make New York a better place to live, work and raise a family.

You may also like

Empire Center Poll: New Yorkers Prioritize Low Energy Prices and Have Little Appetite for Radical Climate Policies

FOR IMMEDIATE RELEASE ALBANY, N.Y. — New Yorkers across political, geographic, age, and income groups oppose energy and climate policies that raise energy prices or force changes on homeowners, according to new Empire Center analysis Read More

New York’s Electricity Prices Fourth Highest in the Country

New York households are paying the fourth-highest electricity prices in the country, according to the Empire Center's In April 2026, residential electricity prices in New York averaged 29.45 cents per kilowatt-hour - 56 percent above the national average Read More

Fourteen NYC Educators Receive Over Half a Million Dollars in Pensions

Fourteen retired New York City educators received more than $500,000 in pension benefits in 2025, according to , the Empire Center’s government transparency website. The data was obtained from the New York City Teachers’ Retirement Read More

Hammond Submits CDPAP Testimony to Congress

The Empire Center's Bill Hammond today submitted written testimony for a congressional hearing on healthcare fraud. Hammond's testimony to the focuses on evidence of overuse and wa Read More

34 MTA Workers Made $200K+ In Overtime In 2025

Thirty-four employees of the Metropolitan Transportation Authority (MTA) received more than $200,000 in overtime payments in 2025, as total annual pay surpassed half a million dollars for some, according to , the Empire Center’s governm Read More

A Bullying Lawyer Trapped an Innocent Woman in a Five-Year Court Battle – but New York Law can’t Make her Whole

We like to associate the law with justice—protecting the innocent and punishing the wrongdoers. But sometimes our laws punish the innocent and protect the wrongdoers instead. Dutchess County mom Vika Shock learned this the hard way. In November 20 Read More

New York at the Crossroads. WILL IT MODERNIZE LIABILITY LAW OR EXPAND IT?

Executive Summary New York’s Litigation Environment In a wide range of areas, New York law subjects residents and businesses to greater liability than other states. Consider, for example, that: Unlike most other states, New York a Read More

New York’s Electricity Prices 70 Percent Above the National Average

Recent data from the Energy Information Administration and Empire Center for Public Policy show New York’s average residential electricity prices at 29.99 cents per kilowatt hour. This is 70 percent higher than the U.S. average of 17.6 cents per kilowat Read More