NY Supreme Court allows Greenidge to keep mining, but challenges remain

by

As a seasoned crypto investor with years of experience navigating the tumultuous waters of the digital asset market, I have learned to expect the unexpected and remain resilient in the face of regulatory challenges. The recent turn of events regarding Greenidge Generation’s Bitcoin mining operation in New York has certainly piqued my interest.

The decision was announced as a win in various quarters following a ruling by the New York State Supreme Court that permitted Greenidge Generation to carry on with power production and Bitcoin mining at its Dresden, New York, location. Furthermore, they were given the opportunity to resubmit their application for renewal of the Clean Air Act Title V Air Permit, which was rejected by the Department of Environmental Conservation (DEC) in June 2022.

Concurrently, the court upheld the Department of Environmental Conservation’s (DEC) right to reject Greenidge’s permit application based on New York State’s Climate Leadership and Community Protection Act (CLCPA). The court determined that the DEC had acted arbitrarily in this instance, yet “Greenidge failed to prove that the DEC made unjust policy decisions.

Greenidge permit will be reconsidered

Greenidge successfully challenged the DEC’s licensing denial in May and subsequently submitted an Article 78 petition to the state supreme court, requesting a reevaluation of the decision. If their petition wasn’t granted by November 14, their plant located in the Finger Lakes region of New York was set to shut down.

Judge Vincent DiNolfo found in a Nov. 14 ruling that:

“DEC had the authority to deny Greenidge’s Renewal Application under CLCPA §7(2), but in utilizing that authority in its Final Denial, acted in a manner that was both affected by errors of law and arbitrary and capricious.”

The judge overturned the denial of the permit and sent the issue back to the Department of Environmental Conservation (DEC) to reevaluate it in accordance with their judgment.

Rhetoric in high production

In this instance, emotions ran strong, evident in the reactions to Judge DiNolfo’s verdict. Greenidge expressed in a statement that “this decision guarantees… our local workers won’t lose their jobs due to politically driven government intervention lacking any legal foundation.

In this situation, Earthjustice was granted intervenor status, acting as a neutral party with relevant interests, in support of multiple environmental groups. Greenidge, on the other hand, described them as the Department of Environmental Conservation’s allies from the advocacy community who found truth to be an impassable barrier.

Sierra Club Atlantic Chapter chair Kate Bartholomew said in a statement released by Earthjustice:

“Not only was Greenidge trying to overturn the prior DEC decisions, it was also trying to decimate New York’s monumental climate law. I’m heartened that the court saw through the out-of-state polluter’s erroneous claims in this case.” 

Bartholomew expressed his dismay at the leniency shown towards this polluter, who takes advantage of the legal system to persistently operate while asserting questionable arguments in court,” (paraphrased sentence)

 

Read More

2024-11-15 21:04