Description: Lawsuit challenging the New York State Public Service Commission's decision to authorize a Canadian cryptocurrency company’s acquisition of ownership interests in a company that owns and operates a natural gas plant in North Tonawanda.
Clean Air Coalition of Western New York, Inc. v. New York State Public Service Commission
Filing Date Type File Action Taken Summary 03/20/2023 Decision Download Public Service Commission's motion to dismiss granted and private respondents' motion to dismiss denied as academic. New York Court Said Challenge to Review of Cryptocurrency Company’s Acquisition of Power Plant Was Not Ripe. A New York Supreme Court dismissed as unripe a lawsuit challenging a New York State Public Service Commission (PSC) determination that a cryptocurrency company’s acquisition of ownership interests in a company that owns and operates a natural gas plant in North Tonawanda did not require further review under the Public Service Law. The PSC determined that environmental concerns raised by petitioners—which involved whether the transaction required the PSC to assess compliance with the New York State Climate Leadership and Community Protection Act’s greenhouse gas emissions reduction and environmental justice mandates—were beyond the scope of the PSC’s “limited review.” The New York court found that the petition did not present a ripe controversy because the petitioners had timely applied to the PSC for rehearing pursuant to the Public Service Law and the PSC had not yet ruled on the rehearing petition. The court did not reach alternative grounds for dismissal raised by the parties to the transaction. These parties argued that the petitioners lacked standing and that the case was moot because the transaction had closed in February 2023. 01/24/2023 Motion Download Memorandum of law filed in support of petitioners-plaintiffs' motion for preliminary injunction. 01/13/2023 Memorandum of Law Download Memorandum of law filed in support of verified petition and complaint. 01/13/2023 Petition Download Verified petition and complaint filed. Environmental Groups Challenged Authorization to Transfer Ownership Interests in Gas Plant to Cryptocurrency Company. Two environmental organizations filed a lawsuit in New York Supreme Court challenging the New York State Public Service Commission (PSC) decision to authorize a Canadian cryptocurrency company’s acquisition of ownership interests in a company that owns and operates a natural gas plan in North Tonawanda. The organizations asserted that the PSC was required to analyze whether the cryptocurrency company’s plans to increase the plant’s operations to power cryptocurrency mining would interfere with attainment of the New York Climate Leadership and Community Protection Act’s (CLCPA’s) greenhouse gas emissions reductions mandates or disproportionately burden disadvantaged communities in violation of the CLCPA.