The state Department of Environmental Conservation botched the permitting process, but it still gets a do-over.
Victory was declared all around after a New York State Supreme Court ruling allowed Greenidge Generation to continue power generation and Bitcoin mining at its Dresden, New York, facility and reapply to renew the Clean Air Act Title V Air Permit the state Department of Environmental Conservation (DEC) denied it in June 2022.
At the same time, the court affirmed the DEC’s authority to deny Greenidge the permit under the state’s Climate Leadership and Community Protection Act (CLCPA). The court found the DEC had acted capriciously in this case, but “Greenidge did not establish that DEC engaged in improper policymaking.”
Greenidge lost its appeal of the DEC’s licensing denial in May and filed an Article 78 petition to the state supreme court seeking a review of the decision. Its plant in the Finger Lakes region of New York was scheduled to close on Nov. 14 if the Supreme Court did not satisfy its petition.