Despite countless protests across the state, New York’s leaders have pressed onward in trying to force Battery Energy Storage System (BESS) developments on unwilling communities. Now, as Warwick has faced the third fire at its BESS facility in two years, it is time for change.

Proposed BESS facilities have caused protest and uproar across the state, from communities in the Hudson Valley to residential neighborhoods in Queens and Brooklyn, and towns across Suffolk County. Residents are rightfully concerned about the risks these facilities bring with them.

BESS facilities use massive lithium-ion batteries, and residents across the state are rightfully concerned about the risks these facilities bring with them. When these batteries catch fire, they explode, emit toxic chemicals, and burn hotter and longer than normal fires, making them difficult for firefighters to put out.

New York City has been plagued by fires caused by the lithium-ion batteries in e-bikes. Since 2022, 900 such fires have resulted in 30 deaths and 400 injuries. In early 2025, the BESS facility at the Moss Landing Power Plant, about 100 miles south of San Francisco caught fire, burning for days. 1,500 people were forced to evacuate. In the aftermath, “extremely high” concentrations of heavy metals were found in nearby bodies of water.

Towns like Islip and Brookhaven have wisely adopted moratoriums on the development of such facilities. However, New Yorkers cannot rely on a patchwork of local regulations. Statewide action is needed to install the necessary safeguards that ensures the safety of our communities before any further development is continued. We cannot afford to wait for an event like this to turn deadly before we take action.

Michael P. Mezzacappa, a partner and general counsel with Coffey Modica, represents clients in litigation involving lithium-ion battery explosions and fires.

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