The New York State Department of Environmental Conservation (DEC), three environmental organizations, and the operator of a natural gas-fired power plant used for behind-the-meter cryptocurrency mining stipulated to the dismissal of the power plant operator’s appeal of a trial court decision that vacated DEC’s denial of an application to renew the facility’s air permit. The operator appealed the trial court’s judgment to the extent the court concluded DEC had authority under the Climate Leadership and Community Protection Act (CLCPA) to deny the permit. The operator also challenged other aspects of the trial court’s decision, including its finding that DEC rationally determined that the permit renewal was inconsistent with the CLCPA’s greenhouse gas reduction mandates and its interpretations of the analysis required by the CLCPA. The operator agreed to withdraw its appeal after reaching an agreement with DEC in November 2025 pursuant to which the operator would submit a supplement to its permit renewal application that would include greenhouse gas emissions limits and reporting requirements as new permit conditions. The agreement stated that DEC had determined that the required emissions limits would establish the facility’s consistency with the CLCPA’s statewide greenhouse gas emissions limits. The agreement set forth the framework for the review of the permit.

Challenge to the denial of an application for renewal of a Title V air permit for natural gas-fired power plant used to power cryptocurrency mining.

Greenidge Generation LLC v. New York State Department of Environmental Conservation

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After Reaching Agreement to Put Power Plant on Path to New Air Permit, Operator Withdraws Appeal of Decision that Said New York Climate Law Authorized Denial of Permit

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