30s Summary

The New York State Supreme Court has allowed Greenidge Generation to continue energy production and Bitcoin mining at its Dresden, New York business location. The court also permitted the firm to reapply for the Clean Air Act Title V Air Permit, which was previously denied. Nevertheless, the Department of Environmental Conservation still retains the right to deny this permit. Amid this situation, Greenidge lost an appeal in May and took the case to the state supreme court. The court found faults in law and bias in the original permit denial, leading to its cancellation. While Greenidge expressed relief, environmental groups showed mixed reactions.

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A New York State Supreme Court ruling has guaranteed Greenidge Generation the right to keep on producing energy and mining Bitcoin from its Dresden, New York, place of business. It also means they’re allowed to reapply for the Clean Air Act Title V Air Permit that was denied to them in June 2022 by the state Department of Environmental Conservation (DEC). This was a big cause for celebration all around.

However, the court also maintained the DEC’s rights to deny this permit to Greenidge under New York state’s Climate Leadership and Community Protection Act (CLCPA). The court’s stance is that the DEC had not acted right in this case, but Greenidge hadn’t provided sufficient evidence to show that the DEC had abused its powers.

Funnily enough, Greenidge had recently lost an appeal against this in May and took the case to the state supreme court, asking them to revisit this decision. They had no other option, with their plant in the Finger Lakes region of New York due for closure on Nov. 14, if their petition was ignored.

Judge Vincent DiNolfo stepped in on Nov. 14 with a ruling that clarified that DEC was within its rights to reject Greenidge’s Reapplication under CLCPA §7(2), but in doing so, it was guilty of missteps in law and acting with bias. He then cancelled the permit denial and left it to the DEC to rethink this, based on his judgment.

Emotions ran high during this court case, as seen by the reactions to Judge DiNolfo’s final decision. Greenidge said that they were relieved because “the ruling ensures […] our local employees will not have their careers ripped away by politically motivated governmental overreach that had no basis in law.”

Nonprofit, Earthjustice, which joined hands with several environmental organizations as a third party in the case noted that Greenidge appeared to be trying to brush aside the previous DEC decisions, of what they think was the mistakes of New York’s huge climate law. Sierra Club Atlantic Chapter chair, Kate Bartholomew expressed her happiness that the court saw through Greenidge’s wrong claims in the case. However, she was weary that they were permitted to take advantage of the legal system in their dubious legal claims.