Judge dismisses case against Greenidge

YATES COUNTY--A motion by the Sierra Club, Seneca Lake Guardian and others (petitioners) against the Town of Torrey, the Torrey Planning Board and Greenidge Generation has resulted in judge Daniel J. Doyle ruling in favor of the respondents. Notably, this ruling denied a preliminary injunction and granted a motion to dismiss.
The motion was over the expansion at the Seneca Lake power plant to house computers that are used for digital mining related to the cryptocurrency, Bitcoin. Greenidge Generation is permitted for natural gas-burning power generation at the site, using Seneca Lake water for cooling. Groups have argued when the use of the plant evolved from providing grid power to powering computers in addition to grid power, existing approvals should be reconsidered. Advocates for the project say generating power is the same regardless of its end use and they were allowed to run 24/7 based on their previous approvals. The Department of Environmental conservation is set to rule on the air permits for the power plant this summer after they delayed the decision at the end of March.
In the papers dated April 7, the court said, "Greenidge sought approval from the Town of Torrey Planning Board for necessary approvals and permits to construct a bitcoin mining facility, consisting of four buildings and related computer equipment. Greenidge sought to use the electricity generated from the plant to power the bitcoin facility. The Town of Torrey eventually issued a Negative Declaration under State Environmental Quality Review Act (SEQRA) and granted site plan approval. Petitioners filed the First Amended Petition on May 21, 2021 challenging the issuance of a Negative Declaration. On July 1, 2021, Respondent Town of Torrey issued a building permit to Respondent Greenidge, and construction of the bitcoin mining facility began."
The ruling focuses on the fact the addition at Greenidge does not directly relate to their power business as the computers do not emit greenhouse gases or use the lake water for cooling. The document explains, "The project being considered for approval by respondent Torrey Planning Board was Greenidge's application to build four structures and related utility equipment on 1.3 acres on property it owned at 590 Plant Road. The structures were to house computer equipment to 'mine' bitcoin, using electricity generated from the Greenidge plant. The project would not impact the air or water of Seneca Lake."
The papers also note, "the project did not require an increase in generating capacity at the plant..." "The project did not involve the use of water from Seneca Lake..." and "None of the petitioners lives closer than 2,000 feet to the project. It cannot be said that the petitioners live in proximity to the subject property such that they have standing to challenge respondent Torrey's Planning Board's site approval and SEQRA negative declaration."
The court also found the planning board, "took the required 'hard look' before issuing the negative declaration for the project."
It also stated in relation to the SEQRA, "The only other possible environmental harm from the project is noise, which the record establishes would either fall below accepted levels, or the project would need to cease operations until remedied."
In response to the decision, Dale Irwin, president of Greenidge Generation said in part, "The project is another significant investment in Yates County, allowing us to continue to create good-paying jobs and new careers in an emerging, future-focused sector for local residents - and do it within the state's nation-leading environmental standards."
In contrast, Seneca Lake Guardian President Joseph Campbell added, "Greenidge is being rewarded for pressing ahead with construction even in the face of our lawsuit. It's a slap in the face to the $3 billion-dollar agritourism industry and its 60,000 jobs, as well as the people of the Finger Lakes, all to make fake money in the middle of a real climate crisis."
Greenidge has gained national attention for its use of "behind-the-meter" power for cryptocurrency mining. The company has said it is committed to 100 percent carbon-neutral data center operations at all of its locations by utilizing low-carbon sources of energy and offsetting its carbon footprint.