The future of a gas power plant in North Tonawanda was thrown into question Thursday.
A State Supreme Court judge ruled the New York State Public Service Commission should have considered the state’s climate law when weighing whether a cryptocurrency mining company, Digihost, could acquire the power plant.
The PSC granted Digihost’s petition to purchase the 55-megawatt power plant in September 2022. Since then, the greenhouse gas emissions from the power plant have skyrocketed while the company powers computers to mine for digital currency.
The Clean Air Coalition of Western New York and Sierra Club filed a petition with the Supreme Court of Albany County in January 2023 to overturn the PSC’s approval. The two organizations argued that the PSC should have taken into account the greenhouse gas emission reduction goals laid out in the state’s 2019 Climate Leadership and Community Protection Act.
The judge’s decision means the PSC must now reconsider Digihost’s application to own the power plant − this time taking into account the state’s greenhouse gas emission goals.
“The Public Service Commission is not exempt from New York’s landmark climate law. All agencies are required to consider how their decisions contribute to the climate crisis and the plight of disadvantaged communities already impacted by regressive energy policy,” said Roger Downs, conservation director for the Sierra Club Atlantic Chapter, in a prepared statement.
“We applaud the court for ordering the PSC to reevaluate their role in reviving an energy-hungry cryptomine in a community already disproportionately burdened by power plant pollution,” he said.
If the PSC determines that the transfer of Fortistar to Digihost is inconsistent with the state’s greenhouse gas emission limits, it must either revoke its approval granting Digihost ownership of the facility or justify the inconsistencies and then identify mitigation measures in order to keep the…
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