A decision upholding the denial of Greenidge Generation’s air permit renewal application for its Yates County location was made by DEC Regional Director Dereth Glance. The full decision is available below.
The ruling confirmed DEC’s authority to deny permits, including renewal permits, for being inconsistent with the greenhouse gas emissions limits of New York’s Climate Law (the CLCPA) – and upheld the denial of Greenidge’s permit on that basis. The DEC Regional Director also found there were no remaining issues for adjudication and canceled the pending hearing, concluding Greenidge’s administrative appeals before DEC.
Greenidge has the right to appeal the decision.
“As the news of this major victory spreads, people across New York are rejoicing. This is a huge win for the climate, and we are celebrating. Meanwhile, Greenidge continues to spew more and more greenhouse gases into our air at increasing amounts, and will likely try to continue operating while it tantrums over this decision, and drag things out with an appeal. But as we have said all along, and the DEC has validated, burning more fossil fuels in the middle of a climate crisis for fake money is wrong, and in fact it is a violation of our laws. We are relying on our amazing legal counsel at Earthjustice and Whiteman, Osterman and Hannah to determine next steps, but we’re confident that we will ultimately prevail,” said Yvonne Taylor, Vice President of Seneca Lake Guardian.
Greenidge Generation issued the following statement to Finger Lakes Daily News in response to the ruling:
“DEC’s political bias in this matter has been clear for years and now we have staff at DEC brazenly overturning the position of its own Administrative Law Judge, who wanted to give this matter a full and fair hearing to determine the facts of the case.
“The Department’s position, that a new State law used for the very first time to deny the renewal of an existing permit, does not bring about even a single factual issue for adjudication is arbitrary, capricious, and utterly preposterous on its face. We will be filing an injunction and an Article 78 proceeding in an actual New York State court, where laws and facts govern.
“Greenidge will continue to operate as we seek relief from this absurd action, and we will continue to fully comply with all state and federal regulations as we maintain good-paying, high-tech jobs in Upstate New York.
“There have been six rulings in state or federal court on Greenidge’s operations in New York, all won by Greenidge. When this issue moves outside of DEC’s political environment and into an actual court of law, we expect the same result.”
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