The cryptocurrency firm Greenidge Technology has been allowed to continue to function its energy plant in Yates County in the intervening time, after a judge dominated Thursday that the Division of Environmental Conservation didn’t justify its remaining denial of the corporate’s allow utility.
Greenidge burns fossil fuels on the plant, which sends vitality to New York’s grid and powers machines that generate bitcoin. That course of places greenhouse gasses into the ambiance, which contribute to local weather change.
Earlier this yr, the DEC upheld its earlier resolution to deny the corporate’s request to renew its allow to function the facility plant. The division stated the plant’s operations were inconsistent with the state’s climate law, which requires New York to scale back its greenhouse fuel emissions by 40% by 2030.
The corporate sued the state over that denial, arguing that the the DEC overreached in the way it utilized the local weather regulation.
On Thursday, New York Supreme Courtroom Judge Vincent Dinolfo dominated that the DEC does have the authority to deny a allow beneath the local weather regulation, however the division’s justification in its remaining denial in this case was inadequate.
Dinolfo ordered that the DEC’s resolution to deny Greenidge’s allow utility be annulled and remitted the case to the division, which means {that a} decrease administrative court docket should present extra justification of how the plant’s operations are inconsistent with the local weather regulation.
Within the meantime, Greenidge is permitted to continue to function the facility plant. In an announcement Thursday, the corporate celebrated the ruling.
“The ruling ensures our facility will continue working and our native workers is not going to have their careers ripped away,” learn the assertion.
Greenidge additionally alleged that the DEC’s preliminary denial was “politically motivated.” The corporate has been combating with the DEC for years over its allow.
“The injury induced to our firm and workers by the recklessness of the DEC and all those that lied about our operation is actual,” the assertion continued. “As we speak the Courtroom set the file straight – we had been proper, and the state and its allies had been improper.”
A DEC spokesperson stated that the choice confirmed the division’s authority to deny permits if an utility doesn’t meet the necessities of the local weather regulation.
“Because the matter was remanded again to DEC for additional administrative proceedings, DEC can’t remark additional on pending litigation,” the spokesperson stated.
Environmental stakes
In his ruling, Dinolfo famous that the DEC can refuse to renew a allow based mostly on local weather impacts — however it should adequately justify its resolution based mostly on the local weather regulation.
Environmental advocates say for that purpose, the ruling underscores the facility of the state’s local weather regulation.
“The judge confirmed what we knew: that the New York State Division of Environmental Conservation has the authority to deny air permits — together with renewal air permits — beneath the [climate law],” stated Mandy DeRoche, an legal professional with Earthjustice who’s representing environmental teams concerned in the case. “New York now will be assured that it could actually make selections to shield our local weather, the well being and well-being of all New Yorkers.”
Nonetheless, DeRoche famous that environmental teams are disenchanted that Greenidge is allowed to continue to function because the authorized proceedings continue.
“It is a large loophole,” stated DeRoche. “You may get your air allow denied or modified, after which you’ll be able to continue to function and pollute such as you had been earlier than, simply because you’ve got the deep pockets and the funds to continue litigating.”
The ruling requires an administrative court docket to now rethink Greenidge’s allow renewal utility and to present justification for the declare that the plant’s operations could be inconsistent with the state local weather regulation. Then, the case will possible return to the state Supreme Courtroom.
That course of is anticipated to take months — a timeline that considerations different native environmental advocates.
“For years, Greenidge has been polluting native air and spewing climate-warming greenhouse gasses into the ambiance,” stated Yvonne Taylor, vice chairman of Seneca Lake Guardian, one of many teams concerned in the case. “It’s absurd that Greenidge continues to be working, and we’ll preserve combating till the ability is shut down.”
The state had initially ordered Greenidge to shut down the facility plant by Sept. 9.
