The judge overseeing the cryptocurrency mining company Greenidge Generation’s case against New York state said Tuesday he would rule by mid-November, according to local media and a lawyer present. That decision could mark the end of the company's years-long fight to continue operating a power plant in Yates County.
Greenidge Generation burns natural gas at the power plant to power machines that mine for bitcoin. The process releases greenhouse gasses into the atmosphere, which contribute to climate change.
Earlier this year, the state Department of Environmental Conservation (DEC) upheld its decision not to renew the company’s permit to operate the power plant.
The department determined that the plant's operations would be “inconsistent” or “interfere” with the climate commitments laid out in the state’s climate law, which mandates that New York reduce its greenhouse gas emissions by 40% by 2030.
Greenidge sued the DEC earlier this year in a Yates County court over that decision. In court filings, the company argues that the department misapplied the climate law and overreached in refusing to issue Greenidge a permit.
Greenidge Generation President Dale Irwin said in a court filing last week that if the company is forced to close the power plant, it will have to lay off nearly all of its 31 employees, 29 of whom live in New York.
“Greenidge will be required to shut down the Facility and move its cryptocurrency operations out-of-state,” said Irwin in a sworn affidavit.
On Tuesday in court in Penn Yan, Judge Vincent Dinolfo said he plans to issue a decision in the case by Nov. 14, according to Mandy DeRoche, an attorney with the environmental law group Earthjustice.
DeRoche was in the courtroom Tuesday because Earthjustice is representing environmental groups Seneca Lake Guardian, the Committee to Preserve the Finger Lakes, and Sierra Club, which have intervened in the case. The groups hope to see the plant shut down, said DeRoche.
“The pollution from this plant is harming the local community, the state and the planet,” said DeRoche. “Every day it continues to operate, and it's operating in violation of New York state's climate law. And it just needs to end.”
Greenidge has reached an agreement with the state to continue to operate while the case remains ongoing. The state had initially ordered the company to shut down the power plant by Sept. 9.
A spokesperson for Greenidge said the power plant complies with state and federal law. The spokesperson added that the company has brought jobs and opportunities to Yates County that align with New York’s climate goals.
“We believe a ruling based on the law will result in our continued operation,” the spokesperson said.
Between 2017 and 2019, the power plant produced around the same amount of emissions as nearly 40,000 cars, according to data it reported to the DEC. In 2020, those emissions more than doubled, and continued to increase in 2021.