New York Court Ruling Allows Greenidge Generation To Reapply For Air Permit

According to Cointelegraph, a recent New York State Supreme Court decision has allowed Greenidge Generation to continue its operations in power generation and Bitcoin mining at its Dresden, New York facility. The court also granted Greenidge the opportunity to reapply for the Clean Air Act Title V Air Permit, which was previously denied by the state Department of Environmental Conservation (DEC) in June 2022. This ruling comes as a significant development for Greenidge, which had faced the possibility of shutting down its plant in the Finger Lakes region if the court had not ruled in its favor. The court's decision, however, also affirmed the DEC's authority to deny the permit under the state's Climate Leadership and Community Protection Act (CLCPA). While the court found that the DEC acted capriciously in this particular case, it did not conclude that the DEC engaged in improper policymaking. Judge Vincent DiNolfo, in his ruling on November 14, stated that the DEC had the authority to deny Greenidge's renewal application under CLCPA §7(2), but its final denial was affected by errors of law and was deemed arbitrary and capricious. Consequently, the judge annulled the permit denial and remitted the matter back to the DEC for reconsideration in line with his decision. The case has sparked strong reactions from various stakeholders. Greenidge expressed relief, stating that the ruling ensures their local employees will not lose their jobs due to what they described as politically motivated governmental overreach. On the other hand, the nonprofit Earthjustice, which intervened in the case on behalf of several environmental organizations, criticized Greenidge's actions. Sierra Club Atlantic Chapter chair Kate Bartholomew, in a statement released by Earthjustice, accused Greenidge of attempting to overturn prior DEC decisions and undermine New York's climate law. She expressed satisfaction that the court recognized what she described as the polluter's erroneous claims. Bartholomew further criticized Greenidge for allegedly abusing the legal system to continue its operations while aggressively litigating its claims.