Save Carbon County v. Commonwealth

A local organization filed a lawsuit in the Pennsylvania Court of Common Pleas against the Commonwealth of Pennsylvania, Pennsylvania agencies and officials, and cryptocurrency companies that own and operate a power plant in Carbon County for the purpose of generating electricity for crypto-mining. The plaintiff alleged that the power plant burned waste coal and tires, generating carbon dioxide and local pollutant emissions, and that for several years before the cryptocurrency company acquired it, it had been operating at less than 10% of its full capacity. The complaint’s allegations included that Pennsylvania subsidized the company’s operations with tax credits and failed to regulate the power plant or the crypto-mining industry. Against Pennsylvania defendants, the complaint asserted breach of fiduciary duty claims under the Environmental Rights Amendment of the Pennsylvania Constitution. Against the cryptocurrency companies, the plaintiff asserted claims of public and private nuisance, products liability—design defect, and negligence. The plaintiff sought injunctive relief from the Pennsylvania defendants and compensatory and punitive damages from the cryptocurrency defendants.