NY Court Upholds DEC's Authority to Enforce Climate Law; Sends Greenidge Back for Final Permit Review

YATES COUNTY, NY (11/14/2024) (readMedia)-- Today, a New York State Supreme Court judge confirmed that the New York State Department of Environmental Conservation (DEC) has the authority to deny permits and permit renewals for greenhouse gas-emitting, fossil-fueled operations, like the Finger Lakes based Greenidge cryptomine, that violate New York's climate law (the CLCPA). The Court also affirmed DEC's finding that Greenidge's emissions were inconsistent with the CLCPA. This is a precedent-setting win that ensures New York can continue making decisions to protect our climate, and the health and wellbeing of all New Yorkers. The judge nonetheless gave Greenidge the opportunity to return back to the lower administrative court to provide more evidence for whether its continued operation is justified notwithstanding that inconsistency under the CLCPA.

Two weeks ago, attorneys from Earthjustice and the State of New York argued in court opposing climate-killing cryptominer Greenidge's latest effort to continue mining Bitcoin by burning fracked gas on Seneca Lake. In August, Greenidge filed the lawsuit (Index No. 2024-5221) challenging DEC's denial of its Title V Air Permit renewal application, which an administrative tribunal had previously upheld.

Lisa Perfetto and Mandy DeRoche, attorneys in the Clean Energy Program at Earthjustice, are available for interviews.

"Today's ruling confirms what we've known all along: that the DEC has the statutory authority under New York's climate law to deny Greenidge the air permit that allows it to power its cryptomine," said Lisa Perfetto, a senior attorney in the Clean Energy Program at Earthjustice.

"Greenidge's cryptomining operation clearly violates the CLCPA and should immediately cease operations. The Finger Lakes community has been sounding the alarm on the disastrous impacts of this facility on their water, air, and climate. We will continue our fight until Greenidge shuts down for good," said Mandy DeRoche, a deputy managing attorney in the Clean Energy Program at Earthjustice.

"Not only was Greenidge trying to overturn the prior DEC decisions, it was also trying to decimate New York's monumental climate law," said Kate Bartholomew, Atlantic Chapter Chair, Sierra Club. "I'm heartened that the court saw through the out-of-state polluter's erroneous claims in this case. I am disgusted by how much this polluter is allowed to abuse the legal system and to continue operating as it aggressively litigates its weak claims."

"While I'm relieved by the precedent set by today's decision, I'm infuriated that Greenidge can continue to operate while the case goes back to administrative court. The cryptomining operation has been sucking up millions of gallons of water a day from Seneca Lake and dumping it back in at dangerously hot temperatures," said Yvonne Taylor, vice president of Seneca Lake Guardian. "For years, Greenidge has been polluting local air and spewing climate-warming greenhouse gasses into the atmosphere. It's absurd that Greenidge is still operating, and we will keep fighting until the facility is shut down."

"I applaud the judge's decision to support the DEC's authority to rescind Greenidge's air emission permit," said Irene Weiser, coordinator of Fossil Free Tompkins, an environmental advocacy group in the region and friend of the court in this case. "However, I"m frustrated that this legal battle will continue, and that Greenidge will be able to continue polluting our community. This 67 year old power plant-that had been shut down for years before Greenidge came along-uses outdated technology that causes more pollution than its counterparts and should not be allowed to continue operating."

In September, Earthjustice won a motion to intervene on behalf of Seneca Lake Guardian, Committee to Preserve the Finger Lakes, and Sierra Club. These groups fighting to protect the upstate communities they serve from the harmful impacts of the Greenidge polluting operation made their voices heard.

You can read the full decision here.

Background:

About Cryptomining at Greenidge Generation

Greenidge is a former coal plant, now gas-fired, power plant that previously did not operate for six years, and then operated to provide power to New York's grid in times of peak demand. Since 2020, it has burned fracked gas 24/7/365 to mine Bitcoin.

According to Greenidge's own documentation, in 2023, the facility emitted nearly as much CO2 as 83,774 cars on the road (388,000 short tons of CO2). In its first year of operations, Greenidge quintupled its air pollution. It's doubled its emissions since then. These are just direct CO2 emissions-the numbers are even more staggering adding in upstream emissions and local air pollutants.

On June 30, 2022, the New York State Department of Environmental Conservation issued a Notice of Denial of the air permit renewal for Greenidge Generation. Greenidge appealed that decision, and on September 26, 2023, an Administrative Law Judge found again that Greenidge Generation's operations are inconsistent with the greenhouse gas emissions limits of New York's Climate Law (the CLCPA). And again on May 8, 2024, the DEC denied Greenidge its Air Permit renewal. At that time, the DEC also found that there were no further reasons for adjudication, thus concluding Greenidge's administrative appeal. Greenidge then appealed that decision to state court.

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