Greenidge Generation’s request to delay the state DEC’s administrative action on the company’s Title Five permit was denied this week by The Fourth Judicial Department of New York State Supreme Court’s Appellate Division in Rochester.
Greenidge had sought a delay while appealing a November 14, 2024, ruling in which New York State Supreme Court Justice Vincent Dinolfo found legal errors in the DEC’s denial of the company’s air permit renewal in June 2022. However, Dinolfo allowed the DEC to restart the administrative review process.
“The unbiased courts have repeatedly cited DEC’s errors when it comes to Greenidge and consistently exposed the absurdity of claims made by our few remaining opponents,” said Dale Irwin, President of Greenidge Generation. “We believe this unbiased court process regarding our standard Permit renewal application should be concluded before further review at the agency level.”
Greenidge said it is important to note the DEC Administrative Law Judge originally ruled its administrative appeal of the DEC’s permit denial should have continued, calling for Greenidge to get a hearing on the CLCPA requirement to review the justification for the project and a hearing on the CLCPA requirement to review potential mitigation for the project.
The company added that DEC staff then overruled the Administrative Law Judge, canceled those hearings and ended the internal, administrative appeal. Greendige then sued, and won in Supreme Court, with the Judge ruling DEC did not follow the law in the denial.
Greenidge said it appealed other portions of the Supreme Court’s November ruling, and that appeal will continue in the appellate division, regardless of any process DEC begins now.
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