New York State Supreme Court Justice Vincent Dinolfo has denied Greenidge Generation’s request for a stay on enforcing his November 14 ruling.
The ruling, issued over two months ago, found the Department of Environmental Conservation had wrongly denied Greenidge’s air permit renewal but allowed DEC to restart its review process. Greenidge’s attorneys argued the stay was needed to prevent DEC from continuing the review while Greenidge appealed Dinolfo’s decision that the DEC has the authority to deny the permit renewal under the state’s Climate Leadership and Community Protection Act. The company plans to appeal the decision to the Appellate Division in Rochester.
The appeal challenges Dinolfo’s finding that DEC has the authority to deny the renewal, and claims errors in his handling of the Protection Act’s “statement of justification” and the DEC’s inconsistency analysis. Attorneys for DEC and environmental groups, including Earthjustice and Seneca Lake Guardian, opposed the stay.
